North Penn Iron Co. v. International Lithoid Co.

Citations

• 217 Pa. 538
• 66 A. 860
• 1907 Pa. LEXIS 754

Syllabus

<p>Evidence — Proof of writing — Subscribing witnesses.</p> <p>Where a paper witnessed by two subscribing witnesses is offered in evidence, and it does not appear that any proper effort was made to secure the testimony of the two subscribing witnesses, the signature to the paper cannot be proved by a person familiar with the handwriting of the signer.</p> <p>Assignment — Equitable assignment — Notice.</p> <p>A written notice of an assignment of a chose in action served upon the debtor will protect the latter in making payments thereunder, although the assignment itself may not have been served upon him.</p> <p>Where a licenser of a patent notifies the licensee that he has assigned his rights to royalties under the license to a person named, and that royalties are to be paid to her, the plaintiff in an attachment execution against the licenser must show either that the direction to pay was to one who was the licenser’s wife and that she cannot show that it was not in fraud of creditors, or if the payee was not the licenser’s wife, that she was one to whom he assigned the royalties in fraud of his creditor’s rights.</p>