Appeal from judgment of Court of Common Pleas of Northampton County, Jan. T., 1968, No. 211, in case of Falk's Food Basket of Easton, Inc. v. Selected Risks Insurance Company.
Raymond J. DeRaymond, with him Coffin, Grifo and DeRaymond, for appellant.
Arnold J. Falk, for appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Concurring Opinion by Montgomery, J. Spaulding and Cercone, JJ., join in this concurring opinion.
[ 214 Pa. Super. Page 523]
Concurring Opinion by Montgomery, J.:
This appeal in an action in assumpsit brought by appellee, Falk's Food Basket of Easton, Inc., against appellant, Selected Risks Insurance Company, involves the interpretation of an instrument under the Uniform Commercial Code-Commercial Paper Act of April 6, 1953, P. L. 3, 12A P.S. § 3-101 et seq. Both parties moved for judgment on the pleadings in the court below and Hon. William G. Barthold, President Judge, denied appellant's motion and granted appellee's motion.
Selected Risks Insurance Company has its main offices in Branchville, New Jersey, but has another office at 1244 Northampton Street, Easton, Pennsylvania, where, on April 23, 1966, it executed a paper in the form of a draft, which reads, inter alia, "Selected Risks Insurance Company, Branchville, N. J., DRAFT NO. 53745 . . . UPON ACCEPTANCE Pay to the Order of Marvin George, Sr., $288.10 . . . Payable Through The Branchville National Bank, Branchville, N. J." Marvin George, Sr., endorsed the instrument and delivered it to the appellee for sufficient consideration. Appellee deposited the instrument at Nazareth National Bank and Trust Company, and on May 5, 1966 was advised that
[ 214 Pa. Super. Page 524]
the instrument was returned because of ...