Farmer's Bank v. Whitehill
Supreme Court of Pennsylvania
This cause was removed by writ of error from the Court of Common Pleas of Lancaster county, in which it was an action brought by the Farmer’s Bank of Lancaster, as indorsees, against James Whitehill, indorser of a promissory note drawn byJ. Nichols. To prove the handwriting of Whitehill, the plaintiff called as a witness, Joseph J. Mathiot, who stated, that he could not tell whether the signature was Whitehill’s or not.
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This cause was removed by writ of error from the Court of Common Pleas of Lancaster county, in which it was an action brought by the Farmer’s Bank of Lancaster, as indorsees, against James Whitehill, indorser of a promissory note drawn byJ. Nichols. To prove the handwriting of Whitehill, the plaintiff called as a witness, Joseph J. Mathiot, who stated, that he could not tell whether the signature was Whitehill’s or not. He had seen him write once, and had some of his writing, namely, a signature to a receipt, which he had seen him write. Comparing the two together, he believed the signature…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
I do not perceive the force of the objection to the order of time in which the rejected evidence was offered. The plaintiff had given some evidence, sufficient to entitle him to read the note to- the jury, and to put it into their hands, but he might continue to strengthen his case by other evidence. He might consider it the safest course to prove as fully as he could, the execution of the note, before he delivered it to the jury. If the administration account rendered by the defendant, with his acknowledged signature, was competent for the…
2Cases cited2 opinions
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3Cited by6 opinions
- Hanley v. GandyTexas Supreme Court · 1866
- Baker v. HainesSupreme Court of Pennsylvania · 1841
- Callan v. GaylordSupreme Court of Pennsylvania · 1834
- Depue v. PlaceSupreme Court of Pennsylvania · 1848
- Bank of Pennsylvania v. HaldemanSupreme Court of Pennsylvania · 1829
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