Hamaker v. Fulton Farmers' Ass'n
Supreme Court of Pennsylvania
Appeal, No. 394, Jan. T., 1921, by defendant, from order of C. P. Lancaster Co., Aug. T., 1919, No. 74, refusing judgment for defendant n. o. v., in case of A. G. Hamaker, executor of J. R. Bomberger, deceased, v. Fulton Farmers’ Association. Assumpsit on promissory notes. From the record it appeared that the notes in question were issued in the name of the Fulton Farmers’ Association by its treasurer, D. R. Bomberger, to the order of his father, who was also his bondsman.
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Appeal, No. 394, Jan. T., 1921, by defendant, from order of C. P. Lancaster Co., Aug. T., 1919, No. 74, refusing judgment for defendant n. o. v., in case of A. G. Hamaker, executor of J. R. Bomberger, deceased, v. Fulton Farmers’ Association. Assumpsit on promissory notes. From the record it appeared that the notes in question were issued in the name of the Fulton Farmers’ Association by its treasurer, D. R. Bomberger, to the order of his father, who was also his bondsman. The notes were issued by the treasurer to cover his own shortage. They were discounted, and the proceeds thereof were…
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
The original notes in suit were unauthorized by the defendant and it seeks to be relieved of liability because the treasurer issued the notes to make .good his shortage, and though the money was deposited to the defendaiit’s..credit, it v;«ver actually received the benefit of the unauthorized loan, which merely replaced the money taken by the treasurer. The jury found the company had the benefit of the money raised by the notes and there is no evidence of any shortage at the time the notes were given or that the endorser knew of any such shortage until…
2Cases cited3 opinions
- McBride v. Western Pennsylvania Paper Co.Supreme Court of Pennsylvania · 1919
- Lemmon v. East Palestine Rubber Co.Supreme Court of Pennsylvania · 1918
- Martin v. Inter-State Lumber Co.Supreme Court of Pennsylvania · 1918
3Cited by6 opinions
- C. L. McClain Fuel Corp. v. LineingerSupreme Court of Pennsylvania · 1941
- In the Matter of Eton Furniture Company, Bankrupt. Morton S. Gorelick, TrusteeCourt of Appeals for the Third Circuit · 1961
- Blumberg v. Broad Street Trust Co.Supreme Court of Pennsylvania · 1937
- Wood Co. v. McCutcheonSuperior Court of Pennsylvania · 1939
- Massey v. Bohn, Pennsylvania Court of Common Pleas, Berks County1923
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