Peters v. Rothermel
Superior Court of Pennsylvania
Appeal, No. 109, Oct. T., 1905, by defendant, from judgment of C. P. Berks Co., April T., 1902, No. 12, on verdict for plaintiff in case of David K. Peters and Sarah Kaufman, Administrators of Sarah Peters, deceased, v. John K. Rothermel. Assumpsit on a promissory note. Before Ermentrout, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 109, Oct. T., 1905, by defendant, from judgment of C. P. Berks Co., April T., 1902, No. 12, on verdict for plaintiff in case of David K. Peters and Sarah Kaufman, Administrators of Sarah Peters, deceased, v. John K. Rothermel. Assumpsit on a promissory note. Before Ermentrout, P. J. The facts are stated in the opinion of the Superior Court. The court charged as follows: It appears from the testimony that John K. Rothermel made and delivered his promissory note dated April 1, 1886, which reads as follows: “ Maidencreek, April 1, 1886. “ One year after date I promise to pay to Mrs.…
1Opinion of the Court
Opinion by
Beaver, J.,
The action in the court below was upon a promissory note of the defendant, dated April 1, 1886, payable one year after date. The testimony of the plaintiff showed that the indorsements of the payment of interest prior to April 1,1894, were in the handwriting of Sarah Peters, the payee of the note. Subsequently to that time, namely, April 1, 1894, April 1, 1895, April 1,1896, indorsements of interest for one year each were in the handwriting of Benjamin Peters, the husband of Sarah Peters, who died January 9, 1897.
It is objected on the part of the defendant that the…
2Cases cited6 opinions
- Marsteller v. MarstellerSupreme Court of Pennsylvania · 1880
- Addams v. SeitzingerSupreme Court of Pennsylvania · 1841
- Shaffer v. ShafferSupreme Court of Pennsylvania · 1861
- Hart v. BucherSupreme Court of Pennsylvania · 1897
- Cremer's EstateSupreme Court of Pennsylvania · 1843
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Nicolazzo EstateSupreme Court of Pennsylvania · 1964
- Russell's EstateSuperior Court of Pennsylvania · 1911
- Shaffer v. Rose, Pennsylvania Court of Common Pleas, Bedford County1948