Shaffer v. Shaffer
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of assumpsit, brought May 21st 1859, by John Shaffer against Abraham Shaffer, on a note, dated February 28th 1851, for $472.31, at twelve months, with interest. The amount claimed was a balance of $270,‘with interest, from April 1st 1856. The defendant relied on the Statute of Limitations.
Read the full summary
Error to the District Court of Allegheny county. This was an action of assumpsit, brought May 21st 1859, by John Shaffer against Abraham Shaffer, on a note, dated February 28th 1851, for $472.31, at twelve months, with interest. The amount claimed was a balance of $270,‘with interest, from April 1st 1856. The defendant relied on the Statute of Limitations. To take the case out of the statute, plaintiff offered in evidence a due-bill, authenticated by witness, dated May 1st 1857, by Abraham Shaffer to John Shaffer, for $17.40, “ on settlement of a note as interest,” together with an…
1Opinion of the Court
The opinion of the court was delivered,
by Strong, J.
The question presented by this record, is whether the due-bill of Abraham Shaffer, dated May 1st 1857, and the endorsement of the same date on the note in suit, made in the handwriting of the plaintiff, either separately or together, take the case out of the Statute of Limitations. It is admitted that payment of interest on the note in suit, made May 1st 1857, would be an answer to the defendant’s plea, because such an act would have been inconsistent with any other supposition than that the defendant then acknowledged his continued…
2Cases cited2 opinions
- Addams v. SeitzingerSupreme Court of Pennsylvania · 1841
- Cremer's EstateSupreme Court of Pennsylvania · 1843
3Cited by7 opinions
- Douglas Creditors Ass'n v. PadelfordOregon Supreme Court · 1947
- White v. Pittsburgh Vein Coal Co.Supreme Court of Pennsylvania · 1920
- Keiber, Administrator v. KeiberSuperior Court of Pennsylvania · 1926
- Peters v. RothermelSuperior Court of Pennsylvania · 1906
- National Bank & Trust Co. v. Gebhart, Pennsylvania Court of Common Pleas, Pike County1942
2 more not listed; retrieve them via the Exa API.