Central-Penn National Bank v. Culp

Opinion by

Mr. Justice Maxey,

Plaintiff is the present holder in due course of a collateral demand note executed and delivered by Isabel S. W. Hoffman on February 28, 1931. Subsequently, on April 17,1933, the maker conveyed certain pieces of real estate to Jesse L. Lenker and Jennie N. Boak, at which time she was apparently insolvent. On June 5, 1933, plaintiff sued in assumpsit to recover upon the note. The debtor died on October 29, 1933, and plaintiff proceeded to issue a writ of scire facias to join the personal representatives as parties defendant. No praecipe to index the action on the…