Garrard v. Haddan
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Fayette county: Of October and November Term 1870, No. 56. This was an action of assumpsit, brought August 25th 1869, by Armstrong Haddan against Joseph G-. Garrard. The case was tried February 4th 1870, before Gilmore, P. J. The plaintiff gave in evidence the following paper, the signature of which was admitted to be the defendant’s, and rested.
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Error to the Court of Common Pleas of Fayette county: Of October and November Term 1870, No. 56. This was an action of assumpsit, brought August 25th 1869, by Armstrong Haddan against Joseph G-. Garrard. The case was tried February 4th 1870, before Gilmore, P. J. The plaintiff gave in evidence the following paper, the signature of which was admitted to be the defendant’s, and rested. “Luzerne, October 6th 1868. “ On or before the 1st day of August 1869, for value received, I promise to pay J. K. O’Neil, or bearer, One Hundred and fifty dollars, with use, without defalcation, or stay of…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, C. J.
There could be no question but that the alteration made in the note in this case would avoid it as between the maker and payee, the consent of the latter to it being wanting, *85and there being neither an implied nor express authority for making it.
But how is it with the plaintiff, an innocent holder for value in the usual course of business ? There was a blank in.the body of the note (a printed note) between the words “ one hundred” and “ dollars,” when the maker signed and delivered it. 'The payee afterwards filled the blank with the…
2Cases cited2 opinions
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