Smith v. Arsenal Bank
Supreme Court of Pennsylvania
Error to the Court of Common Fleas No. 1 of Allegheny county: Of October Term 1883, No. 192. Assumpsit, by The Arsenal Bank of Pittsburgh against William Smith, upon a promissory note dated January 9th 1879 at four months for one thousand dollars made by William Sunderman to the order of the defendant and by him indorsed. The paper book of the plaintiff in error contained none of the evidence.
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Error to the Court of Common Fleas No. 1 of Allegheny county: Of October Term 1883, No. 192. Assumpsit, by The Arsenal Bank of Pittsburgh against William Smith, upon a promissory note dated January 9th 1879 at four months for one thousand dollars made by William Sunderman to the order of the defendant and by him indorsed. The paper book of the plaintiff in error contained none of the evidence. From that printed by the defendant in error it appeared that on the trial, before Collier, A. L. J., the plaintiff proved the note in suit. The defendant then gave in evidence the record of a judgment…
1Opinion of the CourtJustice Paxson
*521The first assignment of error cannot be sustained, for the reason that the offer of evidence was too broad. While the arrangement with the bank and the circumstances under which the judgment was given were well enough, the subsequent portion of the offer, by which it was proposed to show that the bank permitted Sunderman’s property to be sold for a price greatly below its value, was clearly inadmissible. It was no defence. The learned judge below might have separated the wheat' from the chaff, but he did not do so, and, under all the authorities, he was not bound to do so.
Nor is there any…
2Cited by9 opinions
- Hunter v. BremerSupreme Court of Pennsylvania · 1917
- Ickes v. IckesSupreme Court of Pennsylvania · 1912
- Mease v. United Traction Co.Supreme Court of Pennsylvania · 1904
- Bausbach v. ReiffSupreme Court of Pennsylvania · 1912
- Purcell v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1939
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