Sieger v. Second N. Bank
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF LEHIGH COUNTY. No. 407 January Term 1889, Sup. Ct.; court below, No. 80 September Term 1887, C. P. On August 17, 1887, Franklin G. Sieger brought assumpsit against the Second National Bank of Allentown, to recover $343.88, a balance of a deposit account alleged to be due the plaintiff.
Read the full summary
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF LEHIGH COUNTY. No. 407 January Term 1889, Sup. Ct.; court below, No. 80 September Term 1887, C. P. On August 17, 1887, Franklin G. Sieger brought assumpsit against the Second National Bank of Allentown, to recover $343.88, a balance of a deposit account alleged to be due the plaintiff. At the trial on February 29,1888, it was shown that on October 20,1884, Daniel Stettler made a negotiable note for $300 to the order of W. P. Snyder, payable at the Allentown N. Bank, in ninety days after date. Snyder indorsed the note to F. G. Sieger, who…
1Per curiam
We find no error in this record. The defendant below proved, and the jury have found, a distinct and absolute promise by the plaintiff, at the time the note in controversy was discounted by the bank, to pay it at maturity. This dispensed with notice of demand and refusal to pay. His liability, instead of being conditional as an indorser, thus became absolute, and notice and protest were unnecessary. 'Nor do we see error in the rejection of the offer of evidence referred to in the first assignment. The note was not made payable at the defendant bank, and could not therefore he considered a…
2Cited by4 opinions
- Franklin Savings & Trust Co. v. ClarkSupreme Court of Pennsylvania · 1925
- Worley v. JohnsonSupreme Court of Florida · 1910
- First Nat. Bk. of Granville v. DeloneSupreme Court of Pennsylvania · 1933
- Trager v. Louisiana Equitable Life InsuranceSupreme Court of Louisiana · 1879