Delaware County Trust Co. v. Long
Superior Court of Pennsylvania
Appeal, No. 213, Oct. T., 1920, by plaintiff, from judgment of C. P. Delaware County, June T., 1919, No. 47, for defendant non ob-stante veredicto in the case of Delaware County Trust Company v. Joseph Long. Assumpsit against the endorser of a check. Before Hatjse, J., specially presiding. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $582.50. Subsequently the court on motion entered judgment for defendant non obstante veredicto.
Read the full summary
Appeal, No. 213, Oct. T., 1920, by plaintiff, from judgment of C. P. Delaware County, June T., 1919, No. 47, for defendant non ob-stante veredicto in the case of Delaware County Trust Company v. Joseph Long. Assumpsit against the endorser of a check. Before Hatjse, J., specially presiding. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $582.50. Subsequently the court on motion entered judgment for defendant non obstante veredicto. Plaintiff appealed. Error assigned was judgment of the court. cited: Ruth-Hastings Glass Tube Co. v. Slattery, 266 Pa. 288;…
1Opinion of the Court
Opinion by
Linn, J.,
The question is whether plaintiff’s averment of presentment of the check for payment was denied in the affidavit of defense within the meaning of the provisions of the Practice Act of 1915, P. L. 483, requiring a denial “specifically or by necessary implication” of every averment of fact to be put in issue.
Plaintiff trust company, which had cashed a check for one Burger, brought suit on it against defendant as endorser. At the trial defendant offered no evidence.and the learned trial judge directed a verdict for plaintiff. Subsequently he granted defendant’s motion for…
2Cases cited7 opinions
- Fulton Farmers Ass'n v. BombergerSupreme Court of Pennsylvania · 1918
- Ruth-Hastings Glass Tube Co. v. SlatterySupreme Court of Pennsylvania · 1920
- Muir v. Preferred Accident InsuranceSupreme Court of Pennsylvania · 1902
- Elder v. Western Mining Co.Court of Appeals for the Eighth Circuit · 1916
- Hannon v. Allegheny Bellevue Land Co.Superior Court of Pennsylvania · 1910
2 more not listed; retrieve them via the Exa API.