Miller v. Henderson
Supreme Court of Pennsylvania
This was a writ of error to the Court of Common Pleas of Huntingdon county in which a verdict and judgment were rendered in favour of the defendants It was an action on three single bills for 1000 dollars each, brought by Jacob Miller, the plaintiff below, against John Jt. Henderson, the defendant below. These bills were executed by Edward 1L Patton, as principal, and John Jt. Henderson, the defendant as his security.
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This was a writ of error to the Court of Common Pleas of Huntingdon county in which a verdict and judgment were rendered in favour of the defendants It was an action on three single bills for 1000 dollars each, brought by Jacob Miller, the plaintiff below, against John Jt. Henderson, the defendant below. These bills were executed by Edward 1L Patton, as principal, and John Jt. Henderson, the defendant as his security. The cause went to trial on the issue of payment,' with leave to give the special matters in evidence. The plaintiff excepted to the opinion of the court on the admission of…
1Opinion of the Court
The opinion of the court was delivered by
Tilghman, C. J.
(After stating the case.) It has been so often decided, that it is now settled law, that parol evidence may be give to show, from what passed at the time of the execution of a writing, that it was executed by one party, in consequence of the fraudulent conduct or false representations of the other. It is ob* jected that no adjudged ease goes so far as the present; because, here, the evidence is in total destruction of the defendant’s obligation. But the principle is the same, whether the obligation be de^ stroyed in whole, or in part. In…
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