Reese v. Reese
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Chester county: Of January Term 1878, No. 302. Debt by Margaret Reese against her son John Reese, on a note under seal for $993, drawn by defendant in favor of plaintiff. The case was brought into the court below on an appeal from an award of arbitrators, who had awarded the plaintiff the sum of $1997.04. The defendant filed an affidavit of defence in which he averred that the note was never executed by him.
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Error to the Court of Common Pleas of Chester county: Of January Term 1878, No. 302. Debt by Margaret Reese against her son John Reese, on a note under seal for $993, drawn by defendant in favor of plaintiff. The case was brought into the court below on an appeal from an award of arbitrators, who had awarded the plaintiff the sum of $1997.04. The defendant filed an affidavit of defence in which he averred that the note was never executed by him. He also pleaded non est factum and set-off. At the trial, the defendant objected to the admission of the note in evidence, because no proof whatever…
1Opinion of the CourtJustice Trunkey
The rule is within the power of the court to make, and filing an affidavit of defence is not the requisite notice to put a party to proof of execution of the writing. There can be nothing in the allegation that “the construction of the rule by the court; worked injustice to John Reese;” nor was it a favor to Margaret Reese. The first witness called‘by the latter testified that she saw the former sign his name to the note. With that witness present, both parties having knowledge of what she would say, the whole contention would seem to have been to obtain a construction of the rule; and we are…
2Cases cited2 opinions
- Gaskell v. MorrisSupreme Court of Pennsylvania · 1844
- Hannay v. StewartSupreme Court of Pennsylvania · 1837
3Cited by4 opinions
- Lancaster County National Bank v. HenningSupreme Court of Pennsylvania · 1895
- Standard Underground Cable Co. v. Johnstown Telephone Co.Superior Court of Pennsylvania · 1904
- Berkley v. MaurerSuperior Court of Pennsylvania · 1909
- Medary v. CathersSupreme Court of Pennsylvania · 1894