Spittall v. Allee
Superior Court of Pennsylvania
Appeal, No. 130, Oct. T., 1913, by defendant, from judgment of C. P. No. 3, Phila. Co., June T., 1912, No. 2,784, on verdict for plaintiff in case of William Spittall v. J. Frank Allee. Assumpsit on a promissory note. Before Ferguson, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,261.81. Defendant appealed. Errors assigned were various rulings on evidence and instructions.
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Appeal, No. 130, Oct. T., 1913, by defendant, from judgment of C. P. No. 3, Phila. Co., June T., 1912, No. 2,784, on verdict for plaintiff in case of William Spittall v. J. Frank Allee. Assumpsit on a promissory note. Before Ferguson, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,261.81. Defendant appealed. Errors assigned were various rulings on evidence and instructions. A written receipt or agreement of sale cannot be varied or contradicted by parol evidence, there being no allegation of fraud, accident or mistake: Becker v. Second…
1Opinion of the Court
Opinion by
Henderson, J.,
The appellant undertook to defend against the promissory note on which the action was brought on the allegation of a partial failure of consideration, and in support of this defense offered in evidence the plaintiff’s receipt dated December 26, 1911, wherein he acknowledged that he had received $50.00 in cash and the defendant’s promissory note for $1,200 payable in six months from date, in full payment and for surrender and transfer of 140,000 shares of capital stock of the Lenape Gold & Copper Mining Company. The shares as shown by this paper were represented by two…
2Cases cited5 opinions
- Russell v. First Presbyterian ChurchSupreme Court of Pennsylvania · 1870
- Shoemaker v. StilesSupreme Court of Pennsylvania · 1883
- Jessop v. IvorySupreme Court of Pennsylvania · 1895
- Wolf & Schoening v. City of PhiladelphiaSupreme Court of Pennsylvania · 1884
- Batdorf v. AlbertSupreme Court of Pennsylvania · 1868
3Cited by1 opinion
- Spinelli v. Commercial Banking Corp.Pennylvania Municipal Court, Philadelphia County · 1931