Annville National Bank v. Kettering
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lebanon county: Of July Term, 1883, No. 160. Assumpsit, by the Annville National Bank against John Kettering, indorser on a note for $101, discounted by the plaintiffs. Plea, non-assumpsit.
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Error to the Court of Common Pleas of Lebanon county: Of July Term, 1883, No. 160. Assumpsit, by the Annville National Bank against John Kettering, indorser on a note for $101, discounted by the plaintiffs. Plea, non-assumpsit. At the trial, before McPherson, J., the facts appeared to bo as follows: The note in suit was made by one William Ulirich, payable sixty days after date to the order of the said John Kettering at the Lebanon National Bank; which note was indorsed by the said defendant, and was, at his request, on April 3,1875, discounted by the Savings and Deposit Bank of Annville, he…
1Opinion of the CourtJustice Sterrett
No principle of the law merchant is better settled than that demand and notice of the non-payment of a negotiable note may be waived by the indorser, either orally or in writing, or by acts clearly calculated to mislead the holder and prevent him from treating the note as lie otherwise would, but there is some diversity of opinion as to what constitutes a waiver of these necessary prerequisites to charge the indorser. When a written waiver of “ demand and notice ” accompanies the indorsement, or is given by the indorser before maturity of the note, there can bo no question as to its legal…
2Cases cited1 opinion
- Brittain v. Doylestown BankSupreme Court of Pennsylvania · 1842
3Cited by9 opinions
- Strickler's EstateSupreme Court of Pennsylvania · 1937
- Burgettstown National Bank v. NillSupreme Court of Pennsylvania · 1906
- In Re MannDistrict Court, D. Maryland · 1952
- Bell v. WatkinsSupreme Court of Pennsylvania · 1942
- Helfrich v. SnyderSupreme Court of Pennsylvania · 1921
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