Ramlack v. Wolf

Supreme Court of Pennsylvania November 9, 1896

Ramlack v. Wolf, 178 Pa. 356 (Pa. 1896)

35 A. 879; 1896 Pa. LEXIS 1177

Dean, Fell, Green, McCollum, Mitchell, Pee, Sterrett, Williams

Opinion of the Court

Pee Curiam,

A careful consideration of this record has failed to convince us that there was any substantial error in the trial. On the contrary, the instructions complained of in the assignments of error appear to be correct. The case depended on questions of fact which were properly submitted to the jury and by them found in favor of the plaintiff.

For reasons given in the court’s opinion on the motion for a new trial, we think the judgment should not be disturbed.

.Judgment affirmed.

Reference

Full Case Name: C. J. Ramlack v. Joseph Wolf
Status: Published
Syllabus: Promissory notes — Accommodation indorser — Evidence — Question for jury. In an action by a holder of a promissory note against the first indorser, who was an accommodation indorser, it appeared that the second indorser owed the holder $1,000 on a judgment note and over $800 on book account. Both the holder and the second indorser testified that the note in suit, which was for $2,000, was given in payment of the judgment note which was surrendered, and also in payment of the book account, and that the difference making up the $2,000 was paid by the holder to the second indorser in cash. Held, that the evidence was sufficient to support a verdict and judgment against the first indorser for the full amount of the note.