201 Pa. 160 | Pa. | 1902
Opinion by
The learned judge below directed a nonsuit on two grounds, the first of which was that the plaintiffs did not appear to have been the owners of the draft at the time of the cause of action sued for, or at any time subsequent. The draft was drawn by plaintiffs, Nelson Morris & Company, to the order of Nelson Morris, was indorsed by him individually “ for deposit ” in the Chicago bank, and on its return unpaid was charged back to his account, as appeared by memorandum on its face. There was no further evidence as to the ownership except the answer of one witness to the question, “ The bank was simply the agent of Nelson Morris & Company? Answer. Simply the agent to forward the draft for collection,” the context showing that his attention was not directed to the matter of ownership as between Morris and the firm, but to the purpose for which the draft was given to the bank. The objection is technical and probably the fact is that the plaintiffs were the owners all the time, but the evidence did not show it and the judge could not assume it in the absence of proof.
The second ground for the nonsuit was the absence of any contractual relation between the plaintiffs (or Nelson Morris
Judgment affirmed.