First National Bank v. Furman

Citations

• 4 Pa. Super. 415
• 1897 Pa. Super. LEXIS 136

Syllabus

<p>Practice, O. P. — Entry of limited judgment on a general verdict.</p> <p>The record showed that the jury was sworn to try the issue between the plaintiff and several defendants generally, of which defendants some who had not been served, entered a general appearance. Held, that it was error for the trial judge to order judgment to be entered, on a general verdict, against the defendants served and against them only.</p> <p>Practice, O. P. — Promissory note — Burden of proof of bona fide holding.</p> <p>A statement is insufficient under the act of 1887 which declares on a promissory note when there is no allegation of delivery nor that the plaintiff is a bona fide holder for value without notice. Such statement will be held insufficient on demurrer, but an affidavit of defense having been filed setting out such facts as would make a ease of fraudulent circulation of the note, if proved, the effect is to put the plaintiff on proof of bona fide holding.</p> <p>Promissory note — Execution on Sunday — Estoppel.</p> <p>Where a contract was not executed on Sunday nor the note dated then, one of several defendants will not be permitted to set up as a defense that he signed the note sued on, on Sunday, the plaintiff an alleged innocent holder for value having had no notice of the note having been signed on that day.</p> <p>Promissory note — Allegation of forgery — Burden of proof.</p> <p>An affidavit filed by one of several makers of a promissory note that his name attached thereto is a forgery, is such a denial as entitles defendants to have the execution of the note affirmatively proved on the trial of the case.</p> <p>■ Practice, G. P. — Service of summons — Effect of general appearance.</p> <p>Where some of several defendants have been served and some have not, the effect of a general appearance for the defendants is to bring all into court as fully to all intents and purposes as if the summons had been regularly served by the sheriff upon all and duly so returned.</p