Moldawer v. Trust Co. of North America
Superior Court of Pennsylvania
Appeal, No. 138, Oct. T., 1913, by plaintiff, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1909, No. 3,931, for defendant non obstante veredicto in case of Michael Moldawer v. Trust Company of North America. Assumpsit to recover for the value of a promissory note. Before Willson, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 138, Oct. T., 1913, by plaintiff, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1909, No. 3,931, for defendant non obstante veredicto in case of Michael Moldawer v. Trust Company of North America. Assumpsit to recover for the value of a promissory note. Before Willson, P. J. The facts are stated in the opinion of the Superior Court. At the trial the jury returned a verdict for plaintiff for $350. Subsequently the court entered judgment for defendant n. o. v. Error assigned was in entering judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Rice, P. J.,
The banking business which the defendant conducted consisted, in part, of receiving money for deposit, and checks, notes, drafts and bills for collection. The plaintiff had been for fifteen or sixteen years, and was at the time of the transaction in question, a depositor in the defendant’s bank, and as such deposited notes and checks from time to time.
In October, 1907, he deposited a note for $350, dated September 20, 1907, made by Cooper Brothers to the order of M. Cooper & Company, payable three months after date, and indorsed by M. Cooper & Company, and by the…
2Cases cited12 opinions
- Hertzog v. HertzogSupreme Court of Pennsylvania · 1857
- Adams Express Co. v. EgbertSupreme Court of Pennsylvania · 1860
- Kroegher v. McConway & Torley Co.Supreme Court of Pennsylvania · 1892
- Merchants' National Bank v. GoodmanSupreme Court of Pennsylvania · 1885
- Kirchner v. SmithSupreme Court of Pennsylvania · 1904
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3Cited by1 opinion
- Moldawer v. Trust Co. of North AmericaSuperior Court of Pennsylvania · 1915