Citizens National Bank of Baltimore v. Williams
Supreme Court of Pennsylvania
Appeal, No. 125, July T., 1895, by plaintiff, from order of O. P. No. 4, Pbila. Co., March T., 1895, No. 720, making absolute a rule for judgment for want of a sufficient affidavit of defense. Assumpsit by the indorsee against the indorser on a promis ■ sory note.
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Appeal, No. 125, July T., 1895, by plaintiff, from order of O. P. No. 4, Pbila. Co., March T., 1895, No. 720, making absolute a rule for judgment for want of a sufficient affidavit of defense. Assumpsit by the indorsee against the indorser on a promis ■ sory note. Plaintiff’s statement was as follows: The above action is brought to recover the amount of a certain promissory note for the sum of $1,500 with interest thereon from the 15th day of March, 1895. Said note is made by Philip Williams Averitt to the order of the defendant, G. G. Williams, and by him indorsed, and also indorsed by…
1Opinion of the Court
Opinion by
Mr. Justice Gbeen,
This is an action by the indorsee of a negotiable promissory note against the indorser. The note in suit had upon its face a visible alteration. The words “ by renewal with interest at 6fo ” had an ink erasure drawn over them. The plaintiff’s statement contained an averment in the following words, “ The words erased in the above note were erased before the said note was received by the said plaintiffs.” This is not only an admission, but a direct assertion that the erasure was made before the plaintiff received the note. Of course under all the decisions the…
2Cases cited4 opinions
- Hartley & Co. v. CorboySupreme Court of Pennsylvania · 1892
- Craighead v. McLoneySupreme Court of Pennsylvania · 1882
- Gettysburg National Bank v. ChisolmSupreme Court of Pennsylvania · 1895
- Kountz v. KennedySupreme Court of Pennsylvania · 1870
3Cited by14 opinions
- Markoff v. KreinerCourt of Appeals of Maryland · 1941
- Miners Savings Bank v. NaylorSupreme Court of Pennsylvania · 1941
- Hershberger v. HershbergerSupreme Court of Pennsylvania · 1942
- Shiffer v. MosierSupreme Court of Pennsylvania · 1909
- Cornog v. WilsonSupreme Court of Pennsylvania · 1911
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