Clark v. Eckstein
Supreme Court of Pennsylvania
Error to the District Court, Philadelphia. This was an action of assumpsit by Charles H. Eckstein and William W. Siegfried, copartners, &c., v. James Clark, on a promissory note of which John Gr. Michener was drawer,' and which was endorsed by James Clark. The note purported to be dated January 22, 1851, and was at four mouths, for $556. The pleas were non assumpsit and payment. Also set-off, with notice of alteration, &c.
Read the full summary
Error to the District Court, Philadelphia. This was an action of assumpsit by Charles H. Eckstein and William W. Siegfried, copartners, &c., v. James Clark, on a promissory note of which John Gr. Michener was drawer,' and which was endorsed by James Clark. The note purported to be dated January 22, 1851, and was at four mouths, for $556. The pleas were non assumpsit and payment. Also set-off, with notice of alteration, &c. It was stated on the paper-hook on part of the plaintiff in error, that the note' in question bore upon its face the appearance of an alteration from 1850 to 1851, in…
1Opinion of the Court
The opinion of the Court was delivered by
Knox, J.
Where a promissory note clearly shows upon its face that it has been altered in some material part, such as its date, it is incumbent upon the party producing it to account for the alteration ; and if no explanatory evidence is given, it would be error in the Court to refer it to the jury as matter . of fact to determine whether the alteration preceded delivery or otherwise. The onus in such case, is upon the party alleging the legality of the instrument.
*510But the preliminary question whether there has b.een an alteration, if doubtful, is for the…
2Cited by6 opinions
- Colonial Trust Co. v. GetzSuperior Court of Pennsylvania · 1905
- Hartley & Co. v. CorboySupreme Court of Pennsylvania · 1892
- Winters v. MowrerSuperior Court of Pennsylvania · 1895
- Estate of NagleSupreme Court of Pennsylvania · 1890
- Gettysburg National Bank v. GageSuperior Court of Pennsylvania · 1897
1 more not listed; retrieve them via the Exa API.