Farmers' National Bank v. Marshall

Citations

• 9 Pa. Super. 621
• 1899 Pa. Super. LEXIS 87

Syllabus

<p>Promissory notes — Collateral note — Release of indorser.</p> <p>The principle, that nothing short of an agreement to give time which binds the creditor and prevents his bringing suit will discharge the surety, applies with like force to the makers and indorsers of commercial paper. Giving time and a contract to give time ar-e distinct and independent, things</p> <p>Banks and banking — Deposits of maker of note — Application in relief of indorser.</p> <p>Where a bank has a deposit at the maturity of a note belonging to the maker he must retain it for the benefit of the indorser or the latter will be relieved from liability; the deposit must be sufficient at the maturity of the note; subsequent deposit will not raise the duty. In the absence of evidence showing the state of the maker’s account at the time of maturity of the note on which suit was brought against the indorser, the rule could not be applied.</p> <p>Evidence — Legal effect of a written instrument — Province of court and jury.</p> <p>It is within the province of the court to pass upon the evidence when the facLs or conclusions to be drawn from them are not in dispute; and when the evidence involves the intrinsic effect of a paper its construction is exclusively for the court. When, however, the question is not the legal effect of a written instrument and it is offered as evidence of a fact merely, its interpretation is for the jury.</p> <p>Evidence — Effect of notary's certificate of protest — Preliminary proof to raise presumption— Question for jury.</p> <p>The protest of a notary public has the probative force of a deposition only; it is but the substitute for oral testimony delivered at bar.</p> <p>The receipt of notice of protest having been denied by defendant indorser, evidence that the notice of protest was a “prepaid letter” or that it was properly stamped for transmission and delivery was part of the preliminary proof in order to raise presumption of delivery by mail to the defendant. Such pr