Legal Opinion

Ernst & Godshalk v. Steckman

Supreme Court of Pennsylvania

Decided July 2, 1873PublishedCited by 7 opinions

Error to the Court of Common Pleas of Lancaster county: No. 45, to May Term 1873. This was an action of assumpsit, in which the writ was issued June 18th 1870, by J. H. Steckman against J. G. Ernst and John 0. Godshalk. The action was founded on the following note, which was partly written and partly printed. The parts written are indicated by italic letters.

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Error to the Court of Common Pleas of Lancaster county: No. 45, to May Term 1873. This was an action of assumpsit, in which the writ was issued June 18th 1870, by J. H. Steckman against J. G. Ernst and John 0. Godshalk. The action was founded on the following note, which was partly written and partly printed. The parts written are indicated by italic letters. “$375. Paradise, Lancaster Co., Pa., June 11, 1869. Twelve months after date (or before, if made out of the sale of W. S. Coffman’s Improved Broadcast Seeding Machine), I promise to pay to J. S. Huston, or bearer, at The First National…

1Opinion of the Court

The opinion of the court was delivered, July 2d 1873, by

Mercur, J. —

This case hinges upon whether the instrument is a negotiable promissory note. It contains language sufficient to make it one. That language is a promise to pay twelve months after date, to the payee named, or bearer, a specific sum of money, for value received. It is contended, however, that it contains too much; that the addition of “ or before, if made out of the sale of W. S. Coffman’s Improved Broadcast Seeding Machine,” changes its character and destroys its negotiability. The addition of some words beyond what are…

2Cited by7 opinions

  1. Page v. FordOregon Supreme Court · 1913
  2. Farmers' Nat. Bank of Tecumseh v. McCallSupreme Court of Oklahoma · 1910
  3. McCornick & Co. v. Gem State Oil & Products Co.Idaho Supreme Court · 1923
  4. Davis v. Union Planters Nat. Bank & Trust Co.Tennessee Supreme Court · 1937
  5. West Point Banking Co. v. GauntTennessee Supreme Court · 1923

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