Shisler v. Vandike
Supreme Court of Pennsylvania
Error 'to the Court of Common. Pleas, No. 2, of Philadelphia county: Of January Term 1879, No. 149. Assumpsit by George H. Vandike and Theophilus G. Vandike, trading as George II. Vandike & Co., against John A. Shisler, as endorser of a promissory note, dated July 2d 1875, at four months, I for $1500, drawn by Catharine Shisler to the order of George A. Shisler, and endorsed by George A. Shisler, Charles Shisler and John A. Shisler.
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Error 'to the Court of Common. Pleas, No. 2, of Philadelphia county: Of January Term 1879, No. 149. Assumpsit by George H. Vandike and Theophilus G. Vandike, trading as George II. Vandike & Co., against John A. Shisler, as endorser of a promissory note, dated July 2d 1875, at four months, I for $1500, drawn by Catharine Shisler to the order of George A. Shisler, and endorsed by George A. Shisler, Charles Shisler and John A. Shisler. At the trial it appeared, both by the evidence of plaintiffs and of George A. Shisler, who was called for the defendant, that the note in suit was given by George…
1Opinion of the CourtJustice Gordon
There was no error committed by the court in saying to the jury, “ I instruct you that you may disregard the matter of consideration, the evidence being that the plaintiffs took the note in satisfaction of the debt.”
There seems to have been no dispute about this on the trial; *449the whole evidence most clearly proves that the note was intended to apply upon the indebtedness of George A. Shisler to the plaintiffs, and for that purpose it was endorsed, if indeed it were endorsed at all. It was not a pledge of the note as collateral security for a precedent indebtedness, but was given to apply in…
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