Wessel v. Menkle

Citations

• 56 Pa. Super. 507
• 1914 Pa. Super. LEXIS 113

Syllabus

<p>Evidence — Partnership—Loan of money — Case for jury.</p> <p>In an action on a promissory note signed with a firm name, the plaintiff testified that she had given a check to her brother who had indorsed it with his own name and that of the firm whose name appeared on the promissory note, and that the proceeds of the check had gone into the firm’s account. The brother testified that he attended to the financial business of the firm, and had deposited the check in the bank account of the firm. On cross-examination the brother was asked whether he had not borrowed the money from his sister on his own personal account for the purpose of making good a shortage which then existed in his account with the firm. An objection to the question was sustained by the trial judge. Held, (1) that the testimony should have been admitted, and (2) that as the entire testimony as to the authority of the brother to borrow the money for the firm was oral, the case was for the jury, and that binding instructions for the plaintiff was error.</p>