Alexander v. Buckwalter
Superior Court of Pennsylvania
Appeal, No. 219, Oct. T., 1900, by plaintiff, from judgment of G. P. Lancaster Co., Aug. T., 1897, No. 95, on verdict for defendant in case of George F. Alexander v. H. L. Buckwalter. Assumpsit by holder against maker on a promissory note. Before Landis, J. At the trial defendant alleged that the note had been materially altered, and that it was not the same note as the one which he had signed.
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Appeal, No. 219, Oct. T., 1900, by plaintiff, from judgment of G. P. Lancaster Co., Aug. T., 1897, No. 95, on verdict for defendant in case of George F. Alexander v. H. L. Buckwalter. Assumpsit by holder against maker on a promissory note. Before Landis, J. At the trial defendant alleged that the note had been materially altered, and that it was not the same note as the one which he had signed. Defendant offered to prove by Amos K. Barr that he was present in the room at H. L. Buckwalter’s, defendant’s house, when defendant and P. O’Brien were executing the note given by H. L. Buckwalter for…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action of assumpsit brought by a bona fide purchaser for value before maturity of a promissory note against the maker. The note was drawn upon a printed blank, which, before being filled, was in this form:
*137
When the note came into the plaintiff’s hands it read as follows :
The defendant set up two defenses : first, that the signature to the note is a forgery; second, that, if he executed the note, it was altered after it left bis hands, and without his authority, by the insertion of the words, “ or bearer.” As to the second defense the learned judge instructed…
2Cases cited11 opinions
- Simpson v. StackhouseSupreme Court of Pennsylvania · 1848
- Citizens National Bank of Baltimore v. WilliamsSupreme Court of Pennsylvania · 1896
- Hartley & Co. v. CorboySupreme Court of Pennsylvania · 1892
- Garrard v. HaddanSupreme Court of Pennsylvania · 1871
- Gettysburg National Bank v. ChisolmSupreme Court of Pennsylvania · 1895
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3Cited by5 opinions
- Colonial Trust Co. v. GetzSuperior Court of Pennsylvania · 1905
- Delaware & Hudson Co. v. NahasCourt of Appeals for the Third Circuit · 1926
- Blumenthal v. GreenSuperior Court of Pennsylvania · 1913
- Commonwealth v. LevineSuperior Court of Pennsylvania · 1920
- Williams Typewriter Co. v. CleaverSuperior Court of Pennsylvania · 1909