First National Bank v. Peltz

Supreme Court of Pennsylvania
First National Bank v. Peltz, 186 Pa. 204 (Pa. 1898)
40 A. 470; 1898 Pa. LEXIS 981
Fell, Green, McCollum, Mitchell, Stekrett

First National Bank v. Peltz

Opinion of the Court

Per Curiam,

AH the facts necessary to show defendant’s liability and make a prima facie case in favor of the plaintiff bank, viz: the making, indorsement, dishonor, etc., of the note in suit, were established by the undisputed evidence; and hence there was no error in directing the jury to render a verdict in its favor, unless the defense, interposed by defendant and based upon the alleged conversation between him and the president of the plaintiff bank, was sufficient to estop the latter, or otherwise prevent a recovery. The learned trial judge thought it was not; and in that we think he w7as clearly right. Referring, in that part of his charge quoted in the third specification, to the conversation aforesaid, he substantially held that the plaintiff bank could not be injured or prejudiced by anything that occurred in said conversation. He might have added, that this is true whether the conversation occurred in the bank or elsewhere. Assuming that Johnson, the president of the bank, in answer to defendant, said: “ The matter is arranged,” that does not justify the infer *208ence that he meant to assert that the note was paid. He was not asked to say, nor did he say, how “the matter” was “ arranged.”

There is nothing in either of the specifications that requires further discussion. They are all overruled and the judgment is affirmed.

Reference

Full Case Name
First National Bank of Lock Haven v. Emil Peltz
Cited By
3 cases
Status
Published
Syllabus
Promissory notes — Banks—Declaration of president of bank — Pelease of indorser. In an action by a bank against the second indorser of a promissory note, the defendant alleged that he had been indemnified against his liability on the note by a judgment against If., the prior indorser, and that he had satisfied that judgment on the procurement of the plaintiff bank. In support of this allegation he testified that he met the president of the bank in a hotel in Lock Haven and said to him: “Well, K. didn’t pay the note P ” and that the president replied, “ The matter is arranged.” Held, (1) that there was nothing in the statement made by the president to justify the inference that he meant to assert that the note was paid; (2) that a judgment and verdict for the plaintiff should be sustained.