Legal Opinion

Wheeler v. Ahlers

Supreme Court of Pennsylvania

Decided January 2, 1899No. Appeal, No. 65PublishedCited by 6 opinions

Appeal, No. 65, Oct. T., 1898, by defendant, from judgment of C. P. No. 1, Allegheny Co., June T., 1896, No. 93, on verdict for plaintiff. Assumpsit upon promissory notes.

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Appeal, No. 65, Oct. T., 1898, by defendant, from judgment of C. P. No. 1, Allegheny Co., June T., 1896, No. 93, on verdict for plaintiff. Assumpsit upon promissory notes. Before Stowe, P. J. At the trial, when defendant was on the stand, his counsel proposed to prove by him that on November 28,1895, twelve days prior to the indorsement of the notes in suit, at the written request of John L. Cowan, one of the members of the firm, makers of the note in suit, which written request is offered in evidence, or will be in connection with this offer, the defendant indorsed four notes each for $150,…

1Opinion of the Court

Opinion by

Mb.. Justice Mitchell,

The action being assumpsit on promissory notes, by holder against indorser, the defense was that the notes had been fraudulently raised in amount by the maker after the indorsement. On such an issue all the authorities agree that the door should he opened wide to all evidence tending to throw light on the transaction. It is true that in general it is not competent to *144prove an act, and especially a criminal offense, by evidence of a similar act at a different time, though such evidence may be strongly corroborative of the probability of the act or offense…

2Cited by6 opinions

  1. Jarvis v. BellSupreme Court of Pennsylvania · 1929
  2. Albrecht v. RathaiSupreme Court of Minnesota · 1921
  3. Ralph v. FonDersmithSuperior Court of Pennsylvania · 1899
  4. Bunnell v. KintnerSuperior Court of Pennsylvania · 1905
  5. Hottenstein's EstatePennsylvania Orphans' Court, Lehigh County · 1924

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