251 Pa. 529 | Pa. | 1916
Opinion by
This is a voluminous record, made so by the irrelevant matters which were injected into the case on the trial in the court below. The questions presented for consideration by the jury and by the learned trial court ■ were few, and a brief statement of the material facts will disclose that there is but one question for our consideration and it was properly answered by the jury as well as by the learned judge in his opinion refusing a new trial.
Samuel B. Walton, the defendant’s intestate, like his father, had been for many years a stockholder and depositor in the plaintiff bank. In March, 1894, Walton executed and delivered to James W. Scully, a member of the firm of Scully, Painter and Beech, a power of attorney authorizing him to perform any act, matter or thing necessary or convenient to be done in the management or control of his estate; and especially to execute any check, note or any other instrument in writing whatever, and to receive and receipt for all moneys due or to become due, to convey all property, and generally to act for him as fully as he could act if personally present. Scully exercised the powers and authority conferred on him by the letter of attorney until 1912 when Walton was declared a weak-minded person and the Fidelity Title & Trust Company was appointed his guardian. Subsequent to the institution of this suit, in February, 1914, Walton died, and the Trust Company was appointed his administrator and was substituted as defendant on the record.
This is an action of assumpsit to recover the amount due on two promissory notes: one for $10,000.00, dated March 30,1911, and the other fqr $15,000.00, dated May 12, 1911, signed by Walton, payable on demand to his own order, and endorsed by him. The $10,000.00 note
The defense interposed on the trial of the cause was that Walton was mentally deficient or insane at the time he executed the notes, and that he drew and endorsed them for the accommodation of Scully, Painter and Beech. Under this defense, the testimony took a wide range and the result was the voluminous record we have before us. The defendant contended that no consideration passed to Walton for the notes, that the giving of the notes by Walton to the bank, and notes of the same date by Scully, Painter and Beech to Walton were all parts of the same transaction and was intended to and did make Walton simply an accommodation endorser for that firm, and that the bank, through its president,
The learned court below submitted to the jury to determine whether Walton was sane at the time he executed the notes, and whether he was an accommodation endorser on the notes in suit for Scully, Painter and Beech; and instructed them that if Walton was sane when he signed the notes they should find for the plaintiff, that if he was insane at that time there could be no recovery on the notes except to the extent that he or his estate was benefited by the transaction, by virtue of any consideration, or the value of any security that passed to him or his estate by reason of the two endorsements at the time he executed the papers. The court charged, as requested by the defendant, that if Walton was mentally incompetent when he signed the notes in suit the plaintiff could “recover only so far as and to the extent that Samuel B. Walton or his estate, received consideration, directly or indirectly, for the signing of said notes; and it is not necessary that the plaintiff be shown to have had knowledge of his mental incompetency at the time of said transactions.” Throughout the charge, the court time and again told the jury that if Walton was insane, if the notes sued on were solely for the accommodation of Scully, Painter and Beech, and if neither Walton nor his estate received any benefit therefrom, then the verdict should be for the defendant; and that the plaintiff could only recover so far as and to the extent that Walton or his estate received consideration at the time he executed the notes.
The verdict was for the full amount of the claim which would indicate that the jury found that Walton was sane at the time he executed and delivered the notes to the bank; or if insane, that he received full consideration for the notes, as they were distinctly told that if he was deficient in mental capacity there could be no recovery on the notes beyond the amount that Walton actually received as a consideration for giving them.
In the view we take of the case, the evidence failed to disclose any defense to the action, and the learned trial judge should have directed a verdict for the plaintiff.
The judgment is affirmed.