Balliet v. Fetter

Opinion by

Mr. Chief Justice Frazer,

In this action of assumpsit plaintiff sought to recover from defendant, executor of the estate of Cora Agnes Fink, deceased, the amount of a negotiable judgment note, payable on demand. The instrument was under seal and bore a date several months previous to the maker’s death. There was no consideration for the note, it being intended as a gift. The only question of fact was the authenticity of the signature, and this was resolved in plaintiff’s favor by the verdict of the jury. The subscribing witness testified that, although he did not see the note…