Legal Opinion

Roth v. Knights of Joseph Building & Loan Ass'n

Superior Court of Pennsylvania

Decided March 9, 1917No. Appeal, No. 168PublishedCited by 1 opinion

Appeal, No. 168, Oct. T., 1916, by defendant, from judgment of O. P. No. 2, Philadelphia Co., March T., 1915, No. 1025, on verdict for plaintiff in case of Max Roth v. Knights of Joseph Building and Loan Association. Assumpsit on a promissory note. Before Wessel, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,280.31. Defendant appealed. Error assigned was in refusing motion for judgment for defendant n. o. v.

1Opinion of the Court

Opinion by

Williams, J.,

The plaintiff declared on the following note: “Philadelphia, November 19, 1914. Three months after date we promise to pay to the order of Jacob Keisler Twelve Hundred Hollars at 412 S. 5th St. Without defalcation. Value received. Knights of Joseph Bldg. & Loan Assn. Wm. S. Ehinger, Treas. Jacob Keisler, Secy.- (Seal). (Endorsed) Jacob Keisler.”

The affidavit of defense averred, inter alia, that the signature of “Wm. S. Ehinger, Treas.,” was a forgery.

The plaintiff proved the signature of Jacob Keisler, and that the seal was affixed by him as secretary, bnt did not prove…

2Cases cited1 opinion

  1. Powell v. Old Hickory Building & Loan Ass'nSupreme Court of Pennsylvania · 1916

3Cited by1 opinion

  1. Darby v. Montgomery County Nat. BankCourt of Appeals for the D.C. Circuit · 1933

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