18 Pa. Super. 192 | Pa. Super. Ct. | 1901
Opinion by
The averments of fact contained in that part of plaintiff’s statement, the admission of which in evidence is the subject of the first assignment of error, were material to the issue being tried. The plaintiff had complied with rule number eight of the court below, in filing this statement, and the defendants had filed their answer as by the rule required. By the terms of the rule the “ material averments of fact,” contained in the statement, “ not directly and specifically traversed and denied by the answer shall be taken as admitted.” The learned counsel representing the defendants admitted that the answer did not traverse these averments of the statement, and as a consequence, under the rule, the averments were not only evidence but were conclusive of the facts. The first assignment of error is dismissed.
The purchaser of a draft is bound to look only to the terms of acceptance; and when he has acted in good faith, he is not to be prejudiced by the acts of the drawer. It was not proposed to show, in connection with the offer of evidence, the rejection of which is the subject of the third specification of error, that the bank was a party to or had notice of the fraud practiced by the drawer subsequently to the acceptance of the bill; and there was no error in the rejection of the evidence : Craig v. Sibbett & Jones, 15 Pa. 238. The fourth specification of error is, for' the same reason, dismissed.
The letter, the admission of which in evidence is the subject of the second assignment of error, has been lost, and is not printed in appellant’s paper-book. The notes of testimony as printed in appellant’s paper-book show that the plaintiff offered but one letter which was received in evidence. This is no doubt the letter referred to by the learned judge in his opinion
This leaves for consideration the allegation of error upon which the appellant chiefly relies. The learned court below held that a promise made through the medium of a telegram, to pay a draft, is the legal equivalent of an acceptance in writing required by our statute, and upon the correctness of this ruling the whole case depends. There can be no question that, prior to the Act of May 10, 1881, P. L. 17, a promise to accept a bill or draft was tantamount to an acceptance. The promise to accept a bill for a fixed amount is equivalent to an acceptance not only as to the drawer, but as to every party who takes the bill upon the faith of that promise. “ The prevailing inducement for considering a promise to accept, as an acceptance, is that credit is thereby given to the bill. And this credit is given as effectually by a letter written before the date of the bill, as one written afterwards : ” Steman, Baker & Company v. Harrison & Hooper, 42 Pa. 49. The contention of the appellant is that since the passage of the act of 1881 a promise to accept can no longer be binding as an acceptance. We cannot so construe the statute. Prior to its enactment it had been
On January 7,1897, the plaintiff had in its possession the letter from the defendants above recited. On that day the defendants telegraphed to Henderson that they would pay his draft for $900. The defendants in their affidavit of defense say; “ It is also true that said Henderson requested the defendants to pay a draft of $900, being the same now sued on, and that they promised said Henderson that they would pay the same.” This is a clear admission of the identity of the draft, and the defendants admitted that they sent the telegram. Henderson took this telegram and the draft in question and presented them to the bank, and the bank relying upon the telegram and the letter which they .held paid to Henderson the amount of the draft. The promise of the defendants, contained in the telegram, was direct, absolute and unconditional. It was a contract which was sufficient in substance to hold the defendants liable as acceptors of the bill: Coffman v. Campbell, 87 Ill. 98; Central Savings Bank v. Richards, 109 Mass. 413. The requirements of the Act of 1881 were satisfied if the evidence of this contract was a writing signed by the party. The defendants wrote the telegram and deposited it with the telegraph company, from the
The judgment is affirmed.