Dunning v. Heller
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Luzerne county : Of January Term 1883, No. 388. Assumpsit, by D. M. Dunning against II. Heller, on a promissory note. The note and the indorsements thereon were as follows : “ Post-office, Dorrance Centre, County of Luzerne, State of Pa. Dorrance, Feb. 23d., 1880. Six months after date, I promise to pay to the order of myself one hundred and niuety-two dollars at First National Bank at Hazleton, Pa., value received with use.
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Error to the Court of Common Pleas of Luzerne county : Of January Term 1883, No. 388. Assumpsit, by D. M. Dunning against II. Heller, on a promissory note. The note and the indorsements thereon were as follows : “ Post-office, Dorrance Centre, County of Luzerne, State of Pa. Dorrance, Feb. 23d., 1880. Six months after date, I promise to pay to the order of myself one hundred and niuety-two dollars at First National Bank at Hazleton, Pa., value received with use. Kenatus Heller.” INDORSEMENTS. “I hereby certify that I own and am worth in personal and real estate in the county of Luzerne, State…
1Opinion of the CourtJustice Paxsox
The note in controversy was offered in evidence without objection on 'the part of defendant. This disposes of the argument based on the rule of court and the affidavit of defence. Conceding the right of the defendant to demand proof of the *272signature, he waived it by allowing the note to go in without objection.
The learned judge below, however, non-suited the plaintiff, for the reason that the note was not indorsed. It was made payable to the order of the maker.' His name was written across the back of the note in the - place where indorsements are usually placed. Over his signature we find…
2Cases cited3 opinions
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- Myrick v. HaseySupreme Judicial Court of Maine · 1847
- Ege v. KyleSupreme Court of Pennsylvania · 1834
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- Bryant v. McGowanSuperior Court of Pennsylvania · 1942
- Smith v. ShippeySupreme Court of Pennsylvania · 1897
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