61 Pa. Super. 490 | Pa. Super. Ct. | 1915
Opinion by
This was an action of assumpsit by an endorsee against the acceptor of four drafts. Being the person primarily liable, presentment for payment was not necessary to charge him ': Section 70, Act May 16, 1901, P. L. 204.
As the evidence stood when the case was closed the court was right in giving binding direction for the plaintiff. But we think there was error in rejecting the defendant’s offer of evidence embraced in the first assignment. The ground upon which the evidence was rejected was that it was immaterial, irrelevant, and incompetent. The learned trial judge did not give a reason for rejecting the evidence other than that stated in the objection, but the view that he took with regard to the case Avould seem to be expressed in this excerpt from his charge, which is quoted in the third assignment of
The second assignment of error is sustained, the judgment is reversed, and a venire facias de novo is awarded.