Harger v. Thomas
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of debt by George Harger against Leverton Thomas, brought to November Term 1860. The plaintiff declared on a note under seal, dated August 31st 1854, for $1100, payable three years after date, without defalcation or stay of execution, signed by Leverton Thomas, and attested by Andrew Borland and George Passmore, and filed a copy of the note and an affidavit.
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Error to the District Court of Allegheny county. This was an action of debt by George Harger against Leverton Thomas, brought to November Term 1860. The plaintiff declared on a note under seal, dated August 31st 1854, for $1100, payable three years after date, without defalcation or stay of execution, signed by Leverton Thomas, and attested by Andrew Borland and George Passmore, and filed a copy of the note and an affidavit. On the trial the plaintiff proved the fact of the death of the attesting witnesses, and the genuineness of their signatures, then offered the note in evidence, read it to…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
There is in reality but one question presented on this record, although there are several specifications of error; and that is, whether the record of a prosecution and conviction of the plaintiff in error for forgery in Washington county, was evidence for the purpose for which it was received by the court below ?
It was offered on the trial as conclusive on the question of the forgery of the note in suit, but was properly overruled as not admissible for that purpose. It was then offered for the purpose o’f laying a foundation for…
2Cases cited1 opinion
- Miles v. O'HaraSupreme Court of Pennsylvania · 1811
3Cited by12 opinions
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- City of Mobile v. McCown Oil Co.Supreme Court of Alabama · 1933
- Ex parte PepperSupreme Court of Alabama · 1913
- Travelers Fire Insurance Company v. WrightSupreme Court of Oklahoma · 1958
- State v. SurmaWisconsin Supreme Court · 1953
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