Macrum v. Marshall
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 2 OF ALLEGHENY COUNTY. No. 168 October Term 1887, Sup. Ct.; court below, No. 207¿ July Term 1886, C. P. No. 2. On May 6, 1886, William Macrum, trustee for creditors o ' the Allegheny Savings Bank, brought assumpsit against Thomas M. Marshall, to recover a balance alleged to be due to the plaintiff from the defendant, as indorser of a note drawn by S. Woods, Jr. The defendant pleaded payment and the statute of…
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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 2 OF ALLEGHENY COUNTY. No. 168 October Term 1887, Sup. Ct.; court below, No. 207¿ July Term 1886, C. P. No. 2. On May 6, 1886, William Macrum, trustee for creditors o ' the Allegheny Savings Bank, brought assumpsit against Thomas M. Marshall, to recover a balance alleged to be due to the plaintiff from the defendant, as indorser of a note drawn by S. Woods, Jr. The defendant pleaded payment and the statute of limitations. At the trial, March 28,1887, the following facts were shown: The Allegheny Savings Bank was a private banking…
1Opinion of the Court
Opinion,
Mb. Justice Williams :
The controversy in this case lies within very narrow limits. Stephen Woods was the maker of a promissory note for $1,500, dated September 8, 1875, and payable to Robert Woods at the Allegheny Savings Bank. It was indorsed by the payee, and by Thomas M. Marshall, the plaintiff in error. At the maturity of the note on November 10,1875, the maker was unable to provide funds for its payment, and the indorsers made a written waiver of protest. An action was brought against the maker, and a judgment obtained for the amount of the note and interest, at the suit of the…
2Cases cited2 opinions
- Wesner v. Stein & GreenawaltSupreme Court of Pennsylvania · 1881
- Finkbone's AppealSupreme Court of Pennsylvania · 1878
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