Bitner v. Diehl
Superior Court of Pennsylvania
Appeal, No. 11, Feb. T., 1915, by plaintiff, from judgment of C. P. Clinton Co., April T., 1913, No. 130, on verdict for defendants in case of Charles A. Bitner v. Joseph D. Diehl, et al. Assumpsit on a promissory note. Before Hall, P. J..
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Appeal, No. 11, Feb. T., 1915, by plaintiff, from judgment of C. P. Clinton Co., April T., 1913, No. 130, on verdict for defendants in case of Charles A. Bitner v. Joseph D. Diehl, et al. Assumpsit on a promissory note. Before Hall, P. J.. The note was as follows: 11,000.00 Lock Haven, Pa., Dec. 81,1912. Three months after date Ave promise to pay to the order of J. H. Crider at the Lock Haven Trust and Safe Deposit Co., of Lock Hateen, Pa., One Thousand..............................Dollars without defalcation for value received. Joseph D. Dieiil. Charles Basinger. INDORSED Now Feb. 5, 1913…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action of assumpsit on a promissory note for one thousand dollars made by the defendants to the order of J. H. Crider, and before maturity sold and transferred by him to Charles A. Bitner by writing endorsed thereon. The defense was that as between the original parties to the note Basinger was surety for Diehl and that Diehl, the principal, gave the note under duress exerted by Crider. “The general rule undoubtedly is that the defense of duress is open only to the party upon whom it is imposed, and that a third party who has become surety for the payment of…
2Cases cited8 opinions
- Second National Bank v. HoffmanSupreme Court of Pennsylvania · 1911
- Hughes v. Westmoreland Coal Co.Supreme Court of Pennsylvania · 1883
- Phelan v. MossSupreme Court of Pennsylvania · 1871
- Fountain v. BighamSupreme Court of Pennsylvania · 1912
- Second National Bank v. HoffmanSupreme Court of Pennsylvania · 1912
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3Cited by4 opinions
- Houston v. McCaslinSuperior Court of Pennsylvania · 1916
- Porter v. FronheiserSuperior Court of Pennsylvania · 1924
- Bucks Co. Trust Co. v. FellSuperior Court of Pennsylvania · 1931
- St. Clair v. HastingsSuperior Court of Pennsylvania · 1920