Bank v. Foreman
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT FROM THE COURT OE COMMON PLEAS OE FOREST COHNTY. No. 169 October Term 1890, Sup. Ct.; court below, No. 3 December Term 1889, C. P. On September 28, 1889, tbe German National Bank of Allegheny brought assumpsit against N. Smith Foreman, as an in-dorser of a promissory note for $1,126.68, dated March 27,1889, at four months, drawn to the order of the defendant, and indorsed by the defendant and by Jacob Kepler.
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APPEAL BY DEPENDANT FROM THE COURT OE COMMON PLEAS OE FOREST COHNTY. No. 169 October Term 1890, Sup. Ct.; court below, No. 3 December Term 1889, C. P. On September 28, 1889, tbe German National Bank of Allegheny brought assumpsit against N. Smith Foreman, as an in-dorser of a promissory note for $1,126.68, dated March 27,1889, at four months, drawn to the order of the defendant, and indorsed by the defendant and by Jacob Kepler. The defendant pleaded non-assumpsit, and payment with leave. By agreement of the parties, the case was tried without a jury, under the act of April 22,1874, P. L.…
1Opinion of the Court
OPINION,
Mr. Chief Justice Paxson :
The plaintiff bank had discounted the note in controversy, and was therefore the holder. At the time the note matured, John Shoup, the maker, had on deposit with the bank more than sufficient to pay it; but Shoup, conceiving that he had a defence as against the payee, notified the bank not to charge it off against his account at maturity, and at the same time gave the bank a bond of indemnity to secure it in case it failed to recover against the indorser. Being thus indemnified, the bank did not charge the note to Shoup’s account, and brought this suit…
2Cases cited1 opinion
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