Post v. Kinzua Hemlock Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 4, July T., 1895, by plaintiffs, from judgment of C. P. McKean Co., June T., 1892, No. 858, on verdict for defendant. Assumpsit by the indorsees of an instrument in writing against the maker. Before Morrison, J. At the trial plaintiffs’ counsel offered in evidence the note in suit dated Kane, Pa., March 5, 1891, for $250, signed Kinzua Hemlock R. It. Co., by Thomas L. Kane, President, due July 1, 1891, with interest at 6 per cent per annum added.
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Appeal, No. 4, July T., 1895, by plaintiffs, from judgment of C. P. McKean Co., June T., 1892, No. 858, on verdict for defendant. Assumpsit by the indorsees of an instrument in writing against the maker. Before Morrison, J. At the trial plaintiffs’ counsel offered in evidence the note in suit dated Kane, Pa., March 5, 1891, for $250, signed Kinzua Hemlock R. It. Co., by Thomas L. Kane, President, due July 1, 1891, with interest at 6 per cent per annum added. Indorsed “ The American Car and Equipment Company, S. L. Mitchell, Treasurer.” Objected to as incompetent, immaterial and irrelevant to…
1Opinion of the Court
Opinion bt
Mr. Justice McCollum,
The single question in this ease is whether the instrument declared upon is a negotiable promissory note. If it is the plaintiffs are entitled to maintain their suit as it was brought, and the learned court below erred in the ruling complained of in the first specification. If it is not, both specifications must *619be overruled. In passing upon the question of the negotiability of the paper it will be observed that the sum referred to in it represents rent to accrue under a contract of lease and conditional sale of rolling stock, and that the plaintiffs’…
2Cases cited4 opinions
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