Lorah ex rel. Evans v. Nissley
Supreme Court of Pennsylvania
Appeal, No. 54, July T., 1892, by use plaintiff, Henry Evans, assignee of Jacob E. Lorah, from order of C. P. Lancaster Co., Aug. T., 1889, No. 386, making absolute rule to open judgment against defendant, Henry B. Nissley. Rule to open judgment entered on note alleged to be under seal.
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Appeal, No. 54, July T., 1892, by use plaintiff, Henry Evans, assignee of Jacob E. Lorah, from order of C. P. Lancaster Co., Aug. T., 1889, No. 386, making absolute rule to open judgment against defendant, Henry B. Nissley. Rule to open judgment entered on note alleged to be under seal. The note was in the following form: “ $200.00. “ Mount Joy, Pa., August the 22, 1881. “ Five months after date I promise to pay to Jacob E. Loraw or order, at the First National Bank of Mount Joy, Two Hundred Dollars and without defalcation or stay of execution, value received. And I do hereby confess judgment…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The days of actual sealing of legal documents, in its original sense of the impression of an individual mark or device upon wax or wafer, or even on the parchment or paper itself, have long gone by. It is immaterial what device the impression *331bears, Alexander v. Jameson, 5 Bin. 238, and the same stamp may serve for several parties in the same deed. Not only so, but the use of wax has almost entirely and even of wafers very largely ceased. In short sealing has become constructive rather than actual, and is in a great degree a matter of intention. It was said more…
2Cases cited4 opinions
- Appeal of HackerSupreme Court of Pennsylvania · 1888
- Stultz v. DickeySupreme Court of Pennsylvania · 1812
- Alexander v. JamesonSupreme Court of Pennsylvania · 1812
- Duncan v. DuncanSupreme Court of Pennsylvania · 1833
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