Rhodes v. Terheyden
Supreme Court of Pennsylvania
Appeal, No. 205, Oct. T., 1921, by plaintiff, from judgment of O. P. Allegheny Co., April T., 1921, No. 2630, for defendants on affidavit of defense raising question of law, in case of W. B. Rhodes v. Henry Terheyden and J. M. Fickeisen. Assumpsit on promissory note. Before Swearingen, J. The opinion of the Supreme Court states the facts. Judgment for defendant- on question of law raised by affidavit of defense. Plaintiff appealed.
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Appeal, No. 205, Oct. T., 1921, by plaintiff, from judgment of O. P. Allegheny Co., April T., 1921, No. 2630, for defendants on affidavit of defense raising question of law, in case of W. B. Rhodes v. Henry Terheyden and J. M. Fickeisen. Assumpsit on promissory note. Before Swearingen, J. The opinion of the Supreme Court states the facts. Judgment for defendant- on question of law raised by affidavit of defense. Plaintiff appealed. Error assigned, inter alia, was judgment, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
In his statement of claim, plaintiff .avers that defendants and one George I. Whitney, since deceased, had been partners, carrying on business under the firm name of Whitney & Fickeisen, Trustees; that, at Whitney’s request, for the accommodation of the firm, he plaintiff, became an endorser of a note for $5,000 drawn by Whitney to the order of one Stuart H. Robinson, endorsed by the latter, by Fickeisen and by plaintiff, and then delivered to the firm, which had it discounted and applied the proceeds to its own use, — the note being renewed from time to time,…
2Cases cited15 opinions
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3Cited by132 opinions
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