Johnston v. Knipe
Supreme Court of Pennsylvania
Appeal, No. 216, Jan. T., 1917, by defendant, from judgment of C. P. Montgomery Co., March T., 1916, No. 4, on verdict for plaintiff, in case of E. E. Johnston v. Chester Knipe. Assumpsit on promissory note. Before Swartz, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $4,129.62 and judgment thereon. .Defendant appealed-. Errors assigned were instructions to the jury.
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Appeal, No. 216, Jan. T., 1917, by defendant, from judgment of C. P. Montgomery Co., March T., 1916, No. 4, on verdict for plaintiff, in case of E. E. Johnston v. Chester Knipe. Assumpsit on promissory note. Before Swartz, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $4,129.62 and judgment thereon. .Defendant appealed-. Errors assigned were instructions to the jury. The payee of a promissory note who becomes the holder thereof in due course Inay not maintain an action^ thereon against an endorser under Sections 14, 30, 52 and 57 of the Negotiable…
1Opinion of the Court
Opinion by
Mb. Justice Walling,
This is an action on a promissory note by the payee against an endorser. Plaintiff was proceeding by law to collect a claim against J. M. Funk, when M. Taylor Uhler came as Funk’s agent and" asked plaintiff if he would accept a note endorsed by defendant in settlement of the claim. This being satisfactory, Uhler returned the next day with a note, dated Hatfield, Pa., October 14, 1915, and stating, “one month after date I promise to pay to the order of E. E. Johnston at the First National Bank of Lansdale, Pa., Four Thousand one hundred sixty-six and 46/100…
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