Legal Opinion

Roth v. Barner

Supreme Court of Pennsylvania

Decided October 2, 1882No. 309PublishedCited by 2 opinions

Error to the Court of Common Pleas of Lehigh County. Assumpsit by Elevina E. Barner against Jeremiah Roth, to recover the amount of a certain promissory note for $200, drawn by Solomon R. Kline to the order of the plaintiff, for which it was alleged the defendant was liable.

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Error to the Court of Common Pleas of Lehigh County. Assumpsit by Elevina E. Barner against Jeremiah Roth, to recover the amount of a certain promissory note for $200, drawn by Solomon R. Kline to the order of the plaintiff, for which it was alleged the defendant was liable. The note was in the following form : “$200. Salisbury, March 31st, 1877. “One year after date we promise to pay to the order of Elevina E. Barner two hundred dollars, with interest from date, without defalcation, for value received. “Solomon B. Kline. “ Credit the drawer. “Jeremiah Both.” On it were indorsed, “Jeremiah…

1Opinion of the Court

— The opinion of the Court was delivered by

Sterrett, J.

The testimony, in relation to the parol agreement specially declared on, was somewhat conflicting, but, being clearly proper for the consideration of the jury, it was for them to say what the parties meant, what their contract was. After referring to the testimony, the learned judge said in-substance, if the jury was satisfied from the" evidence that, when the judgment was given, it was agreed between Kline and Roth that the latter would pay the debt due to Mrs. Barner, that the promise or understanding of Roth to pay the debt induced…

2Cases cited1 opinion

  1. Hind v. HoldshipSupreme Court of Pennsylvania · 1833

3Cited by2 opinions

  1. Temple v. BakerSupreme Court of Pennsylvania · 1889
  2. Merchants N. Bk. of Bangor v. RaeslySupreme Court of Pennsylvania · 1927

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