247 Pa. 374 | Pa. | 1915
Opinion by
In this action of assumpsit, the King Cork & Seal Company sought to recover the amount of two promissory notes made to its order by defendant. At the trial it was contended by defendant that the notes were without consideration, and were given for the accommodation of plaintiff. The question whether the notes were given for value, was submitted to the jury, and the verdict was in favor of the plaintiff. Two questions are raised by the assignments of error: (1), whether the court should have taken the case from the jury and given binding instructions for defendant, and (2), whether copies of two advertisements which were offered in evidence, should have been received. It appears from the record that plaintiff was in business at Baltimore, where it manufactured tin crowns or caps for bottles. Defendant was located at Pittsburgh and was engaged in furnishing supplies to brewers and bottlers. It had a local agency for the sale of goods manufactured by plaintiff. It seems that the Franklin Brewing Company of Columbus, Ohio, desired to purchase for its own use in capping bottles, an Adriance crowning machine, which was manufactured by the Adriance Machine Works of Brooklyn, N. Y., and that the brewing company authorized defendant to make the purchase of the machine for it. Defendant was unable to make satisfactory terms with the Adriance Machine Works, and therefore as a matter of accommodation to it, requested plaintiff to effect the purchase. Plaintiff succeeded in doing so.
The copies of the advertisements which were offered in evidence, and which were excluded, were alleged to have been published with the knowledge of the plaintiff. They describe defendant as “Special Agent for King Bottle Cap.” The defense to the notes was however, placed upon the ground that defendant was agent for plaintiff in the sale of an Adriance Crowner machine. It is not therefore apparent, how evidence of agency for the King Bottle Cap, would be material to the issue, where agency for the sale of an “Adriance Crowner Machine” was involved. The advertisements which were offered in evidence, were not relevant, and they were properly excluded.
The assignments of error are all overruled, and the judgment is affirmed.