195 Pa. 85 | Pa. | 1900
Opinion by
The facts found by the auditor are absolutely fatal to the claim of the appellant. There is no conflicting testimony as to what the facts were. The appellant bank held a note drawn by Nelson H. Strong to the order of Matilda Y. Bishop for $2,200,
The verbal testimony accords entirely with the written papers. Thus Strong, the maker of both notes, testified, “ I asked Mr. Needles (the bank’s cashier) to extend the obligation (note indorsed by Mrs. Bishop) by his taking my note and keeping the old note as collateral for my note. I told Mr. Needles that the bank had the old note and so was secure. The judgment note I. gave was for the purpose of preventing the bank from proceeding against Mrs. Bishop’s estate. One of the purposes I had in mind was to pay .the note. I did not want the estate to lose, if possible. I agreed to keep the interest paid on this judgment note. I agreed to pay this and did pay it, within six or eight months.” Cross-examined: “When I gave the note to the bank I paid the interest in advance, as I had been doing. I paid for several months in a regular way. I mean the interest on the time notes was paid in advance as stated.” Not only does the testimony of Mr. Needles not contradict that of Mr. Strong but corroborates it in every particular. Thus he testified : “ I am cashier of the Charter National Bank of Media. The Strong note indorsed by Mrs. Bishop has always been held by the bank. The personal note of Mr. Strong was taken by me as cashier. . . . Was taken by me on my own responsibility. This note was taken because we had so much past due paper, including the note of Bishop, so that by taking this note from Mr. Strong it kept the matter in bankable shape.” He further testified: “ There was no extension indorsed on the note of Mr. Strong indorsed by Mrs. Bishop. There was no agreement by or with the representatives of Mrs. Bishop outside of Mr. Strong to that effect. There was no agreement with the representatives of Mrs. Bishop for an extension of the Strong note. No representation was made to them to that effect. All the conversations in regard to the matter were entirely with Mr. Strong.” He fprther said: “ Q. Did these several notes given by Mr. Strong represent the same debt as the note ■ indorsed by Mrs. Bishop? A. Yes.” Mr. Strong, being recalled, was asked, “ Q. Was the note indorsed by Mrs. Bishop an accommodation note? A. It was. Q. On whose account? A. Mine.”
Thus it appears by all the testimony in the case, without the
It follows necessarily from this condition of things that the bank disabled itself from taking any proceedings for the collection of the debt from Strong during all the period of the renewals of Strong’s notes after the maturity of the note which was indorsed by Mrs. Bishop.
Upon every principle pertaining to this subject, and upon all the authorities, the estate of Mrs. Bishop was discharged from all liability by these proceedings. There can be no controversy as to what the law is upon the undisputed facts of this case. It is concentrated in one of our recent cases which is directly applicable and controls the determination of this. In Siebeneck v. The Anchor Savings Bank, 111 Pa. 187, we held that giving a definite extension of time to the maker of a note upon
The assignments of error are all dismissed.
Decree affirmed and appeal dismissed at the cost of the appellant.