Ahlborn v. Wolff
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 121 October Term 1887, Sup. Ct.; court below, No. 124 September Term 1886, C. P. No. 1. On June 26, 1886, an action of assumpsit was brought by August Ahlborn against William Wolff, to recover upon a promissory note which was as follows: $746.79 Pittsburgh, December 18,1886. Four months after date, I promise to pay to the order of William Wolff, seven hundred and forty-six dollars and seventy-nine cents,…
Read the full summary
ERROR TO THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 121 October Term 1887, Sup. Ct.; court below, No. 124 September Term 1886, C. P. No. 1. On June 26, 1886, an action of assumpsit was brought by August Ahlborn against William Wolff, to recover upon a promissory note which was as follows: $746.79 Pittsburgh, December 18,1886. Four months after date, I promise to pay to the order of William Wolff, seven hundred and forty-six dollars and seventy-nine cents, ($746.75.) At R. C. Wolff. Value received. [Endorsed] August Ahlborn. WILLIAM WOLFF. J. H. Ortman & Co. At the trial on May…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett:
Tn the absence of evidence dehors the note in suit and its indorsements, the legal relation of defendant to plaintiff is that of payee and first indorser; and the note having been *248duly protested for non-payment, he is prima facie liable for principal, interest and costs of protest. To escape that liability defendant undertook to show that by mistake his name, instead of plaintiff’s, was inserted in the body of the note as payee; in other words, he assumed the burden of so reforming the instrument as to make plaintiff payee and first indorser instead of himself.…
2Cited by3 opinions
- Williamson v. CarpenterSupreme Court of Pennsylvania · 1903
- Little v. WebsterNew York Supreme Court · 1888
- Lenz v. SpencerSuperior Court of Pennsylvania · 1905