Reichner v. Trust Co. of North America

Citations

• 236 Pa. 622
• 84 A. 1102
• 1912 Pa. LEXIS 811

Syllabus

<p>Promissory notes — Suit by indorsee against maker — Evidence.</p> <p>In an action of assumpsit the plaintiff declared as indorsee on a promissory note executed and delivered to the payee by defendant’s testatrix. At the trial plaintiff offered the note with the endorsement in blank of the payee on the back. The note also bore a ^special endorsement of the payee to the order of the plaintiff dated several months after maturity. This special endorsement was not offered in evidence at the trial by either party. The defendant proved that the note had been discounted by a bank on the day of its execution, and that some one had paid the full amount of the note to the bank at maturity. It was also shown that the proceeds of the note had been placed to the credit of the payee on the books of the bank. In rebuttal plaintiff offered the affidavit of defense to show on admission that the payee of the note had it discounted at the bank, and at maturity had paid the note in full. There was no evidence to show that the note had been signed by an accommodation maker. Held, that a verdict and judgment for plaintiff should be sustained, as plaintiff was entitled to binding instructions.</p>