Siegel v. Hirsch

Citations

• 26 Pa. Super. 398
• 1904 Pa. Super. LEXIS 325

Syllabus

<p>Practice, C. P. — Pleadings—Statement—Appeal from, justice of the peace.</p> <p>Where on an appeal from a justice of the peace, the plaintiff voluntarily files a statement, although under a rule of court the transcript of the justice might have been considered as a declaration, and it appears that there were defects in the statement which might have been assigned as ground for a demurrer, and would have prevented summary judgment for want of a sufficient affidavit of defense, such defects will be considered as having been waived by the defendant where the latter has pleaded the general issue, agreed to a reference, and gone to trial on the merits, and at the trial there was no variance between the statement and the proofs.</p> <p>Promissory note — Notice to indorser — Mailing notice — Address — Act of May 16, 1901, P. L. 194, Sec. 105.</p> <p>In an action against an indorser of a promissory note, it appeared that the notice of protest was addressed to “S. Hirsch, 24 E. Market Street, Wilkes-Barre, Pa.” A referee who tried the case found as a fact that the defendant’s place of business was at “ Nos. 22 and 23 E. Market Street, Wilkes-Barre, Pa.” that there was another S. Hirsch residing and doing business in Wilkes-Barre, Pa. to whom defendant’s letters were frequently delivered by mistake; and that defendant neverreceived notice of the protest. Held, that the faets as found by the referee were insufficient to warrant a conclusion of law that due notice had been given to the indorser.</p>