Kiska v. Rosen

Opinion by

Ervin, J.,

The plaintiff sued in assumpsit to recover the amount of $966.66 with interest, representing the balance due on a promissory note in the principal sum of $2,000.00 on which part payments had been made totalling $1,033.34. The note reads as follows:

“$2000 00/100 Feb. 4, 1950

One (1) year after date we promise to pay to the order of Anthony M. Ehska

Two Thousand ................00/100 Dollars

Payable at 936 N. Newmarket St., Phila. Without defalcation, for value received @ 6% per annum.

Jos. Rosen & Sons

Joseph Rosen-Milton Rosen

No. 59 Due Feb. 4, 1951 Atty.”

The complaint in…