Merchants & Traders Bank v. Gardner
Superior Court of Pennsylvania
Appeal, No. 17, March T., 1906, by plaintiff, from judgment of C. P. Elk Co., Oct. T., 1903, No. 41, on verdict for defendants in case of Merchants & Traders Bank v. J. K. Gardner, A. M. McClain and George A. McClain, trading as the Gardner Shingle Company, Limited. Assumpsit on a promissory note. The opinion of - the Superior Court states the case. Verdict and judgment for defendants. Plaintiffs appealed.
1Opinion of the Court
Opinion by
Morrison, J.,
This is an action of assumpsit brought to recover on four certain promissory notes alleged to have been executed and delivered by the defendant partnership. The learned court gave a binding instruction in favor of the defendants.
The declaration is upon the notes and is against the defendants as general partners, and the only substantial difference between this case and the Chatham National Bank v. the same defendants in which we have this day filed an opinion reversing the judgment, etc., at ante page, 135, is that in the latter case the declaration set out the reasons…