Hill v. Cooley
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of assumpsit by Jake Hill against John Cooley. The plaintiff declared on a negotiable promissory note, of which the following is a copy, viz.:— “$650. “Buena Vista, February 16th 1860. “ Four months after date, I promise to pay to the order of Miller & McGuier, six hundred and fifty dollars, without defalcation, value received. “ Payable at N. Holmes Son. “No. —. Due-. “John Cooley.”
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Error to the District Court of Allegheny county. This was an action of assumpsit by Jake Hill against John Cooley. The plaintiff declared on a negotiable promissory note, of which the following is a copy, viz.:— “$650. “Buena Vista, February 16th 1860. “ Four months after date, I promise to pay to the order of Miller & McGuier, six hundred and fifty dollars, without defalcation, value received. “ Payable at N. Holmes Son. “No. —. Due-. “John Cooley.” Endorsed: “ Miller & McGuier, Buena Vista, Allegheny County, Pa. “Jake Hill.” On the trial of the cause, the plaintiff offered the note in…
1Opinion of the Court
The opinion of the court was delivered, November 5th 1863, by
Woodward, J.
The words at N. Holmes & Son” were alleged to have been added to the note after it was signed, and appearances favoured the allegation. They were admitted to be in the handwriting of one of the payees who wrote the body of the note, and they certainly look as if added after the signature. Had they been written in a straight line from where they started, they would have interfered with the signature, but they slant upward so as to avoid it, and thus give the paper a very suspicious aspect.
Now the question is, on whom, in…
2Cited by7 opinions
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