Joffe v. Miller

Cummins, J.,

Plaintiff’s action was in assumpsit to recover on defendant’s check in the sum of $1500. The verdict of the jury having been for defendant, the case is now before the court in banc on plaintiff’s motions for judgment n. o. v. and for a new trial.

*289In considering these motions, we must, of course, adopt as the facts such as could have been reasonably found from all the testimony and inferences favorable to plaintiff (Donovan v. Transit Co., 273 Pa. 152); but in this case the material facts are substantially uneontroverted.

The plaintiff, Milton Joffe, either alone or jointly with…