Rosenthal v. Ehrlicher

Citations

• 154 Pa. 396
• 26 A. 435
• 1893 Pa. LEXIS 903

Syllabus

<p>Banks and banking — Diligence in presenting check.</p> <p>Defendants drew a check in Philadelphia, where they resided, on a bank of that city. Plaintiff, who was the payee of the check, lived in the city of New York. The check was drawn and delivered to the agent of plaintiff at defendant’s place of business in Philadelphia on May 5, 1891. The agent returned to New York on the afternoon of that day, and delivered the check to his principal, after the close of banking hours. On May 6th it was placed in bank for collection. The bank forwarded it to its Philadelphia correspondent for collection on May 7th. It was received and presented about noon of May 8th, but the bank had already closed its doors, and the check was not paid. Held, that plaintiff had used due diligence.</p> <p>Practice, Supreme Court — Assignments of error.</p> <p>An assignment of error should state the answer or instruction complained of, or the offer, the objection and the ruling of the court in the admission and rejection of evidence, and invariably in the latter class of cases the fact that an exception was taken and allowed by the judge should also appear in connection with the assignment.</p> <p>It is improper to assign error as follows: “The learned judge erred in directing a verdict for the plaintiff upon the testimony of the plaintiff alone without allowing the defendants to offer evidence in support of their side of the case and in support of the affidavit of defence filed therein.”</p> <p>Practice, C. P. — Exceptions—Stenographers.</p> <p>The appointment of a stenographer is the act of the court, and should be made a matter of record. The stenographer should be sworn and that fact, or, better, a copy of his oath of office should appear among the records of the court. When so appointed and qualified he becomes an officer of the court appointing him. His duty is to record fully and accurately all that transpires upon the trial of causes, all the oral testimony given, and all the instructi