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· 7/17/1918

Dunn v. Tisch

Citations

  • 262 Pa. 215
  • 105 A. 75
  • 1918 Pa. LEXIS 624

Syllabus

<p>Negotiable instruments■ — Promissory notes — Insufficient evidence —Nonsuit.</p> <p>In an action on an instrument reading “Deceived of (plaintiff’s decedent) 47 shares of Lehigh Bleaching and Dyeing stock, par value $100 per share, -which I .agree to return or pay for the sum of four thousand dollars on or before the 27th of April, 1914. Less the reduction of note which I hold,” where plaintiff offered the note in evidence and rested, the trial judge properly entered a compulsory nonsuit, as it was clear that there was no indebtedness of $4,000 owing from the defendant to the plaintiff, no evidence having been produced by which the court could ascertain what would be a just verdict against the defendant.</p>

Judges: Brown, Frazer, Moschzisker, Walling

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