Church v. Feterow
Supreme Court of Pennsylvania
IN ERROR, Error to the Court of Common Pleas of Cumberland count)*-. This action originated before a justice of the peace, from whose judgment- there was an appeal to the Common Pleas, when the following statement was filed: “ This action is founded on a promissory note, or assumption in writing, dated 8th April, 1818, and signed R. R. Church, by which the said defendant promised to pay to' the sai.d Philip Fe-, trow $24 75, in three months after the date of the said…
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IN ERROR, Error to the Court of Common Pleas of Cumberland count)*-. This action originated before a justice of the peace, from whose judgment- there was an appeal to the Common Pleas, when the following statement was filed: “ This action is founded on a promissory note, or assumption in writing, dated 8th April, 1818, and signed R. R. Church, by which the said defendant promised to pay to' the sai.d Philip Fe-, trow $24 75, in three months after the date of the said writing.” Then followed the usual certificate, To support his action, the plaintiff offered in evidence the following paper,…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The statement filed, sets out a promissory note, or assumption in writing, dated the 8th of April, 1818, and signed by R. R. Church. The note or agreement given in evidence, was dated the 6th of April, 1818. This evidence was objected to, and the objection over-ruled by the court. In this, there was clearly error. The variance between the date of the instrument given in evidence, and the one set forth in the statement, was fatal. It is a general rule, that in actions upon bills of exchange, promissory notes, and other written instruments, the…
2Cases cited5 opinions
- Cooke v. Graham's Administrator.Supreme Court of the United States · 1805
- Bailey v. Bailey ex rel. NeillSupreme Court of Pennsylvania · 1826
- Eckert v. WilsonSupreme Court of Pennsylvania · 1825
- Stephens v. GrahamSupreme Court of Pennsylvania · 1822
- Thompson v. GiffordSupreme Court of Pennsylvania · 1824
3Cited by1 opinion
- Marlor v. Texas & P. R.U.S. Circuit Court for the District of Southern New York · 1884