Sherer v. Easton Bank
Supreme Court of Pennsylvania
Error to the Common Pleas of Northampton county. This was an action of assumpsit by The Easton Bank against Abraham Sherer and Philip Mixsell, Jr., on a promissory note of which the following is a copy :— $1600. Richmond, Pa., March 24th 1855. Ninety days after date, I promise to pay, at the Easton Bank, to the order of A. Sherer and P. Mixsell, Jr., the sum of sixteen hundred dollars, without defalcation, for value received. Credit the drawer, Philip Gross.
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Error to the Common Pleas of Northampton county. This was an action of assumpsit by The Easton Bank against Abraham Sherer and Philip Mixsell, Jr., on a promissory note of which the following is a copy :— $1600. Richmond, Pa., March 24th 1855. Ninety days after date, I promise to pay, at the Easton Bank, to the order of A. Sherer and P. Mixsell, Jr., the sum of sixteen hundred dollars, without defalcation, for value received. Credit the drawer, Philip Gross. A. Sherer, P. Mixsell, Jr. Endorsed — A. Sherer, P. Mixsell, Jr. The summons was issued on the 5th March 1856, returnable on the 21st…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
How was the plaintiff in error injured by the permission given to amend the declaration nunc pro tunc f Before the arbitrators he had full notice, and it cannot be doubted that, had the court been in session, the amendment must have been allowed. It introduced no new cause of action. It affected only the form of the proceeding, and made the declaration accordant with the sheriff’s return to the original writ. It was precisely such an amendment as was contemplated by the Act of 21st March 1806. Besides, even after the amended declaration was…
2Cases cited3 opinions
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3Cited by12 opinions
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- Zollner v. MoffittSupreme Court of Pennsylvania · 1909
- Philadelphia v. CooperSuperior Court of Pennsylvania · 1905
- Sporkin v. MacBrideSuperior Court of Pennsylvania · 1928
- Commonwealth v. SnyderSuperior Court of Pennsylvania · 1936
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