Appeals — Review — Order granting new trial — Partnerships — Forgery by partner — Liability of innocent partner.
In this action of assumpsit by a bank against A and B, individually and as co-partners, in which it appeared that the partnership engaged in the business of buying and selling used motor vehicles and financed sales; that on 4 different occasions partner A presented to plaintiff bank partnership instruments bearing forged signatures of existing persons, in return for which plaintiff, following the customary practice, issued and delivered to A, cashier's checks payable to the order of the partnership; and it further appeared that a default judgment was entered against A, that upon the trial against defendant B, there was a verdict for defendant and the court below ruled that such verdict was so greatly against the weight of the evidence that to permit it to stand would be to uphold a miscarriage of justice, and awarded a new trial, it was Held that such order should be affirmed.
Mr. Justice BENJAMIN R. JONES and Mr. Justice COHEN dissented.
OPINION PER CURIAM, May 24, 1962:
The order of the court below is affirmed on the opinion by Judge SWIRLES L. HIMES, specially presiding in the Court of Common Pleas of Blair County.
Mr. Justice BENJAMIN R. JONES and Mr. Justice COHEN dissent.