Neff v. Horner
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Greene county; No. 216, to October and November Term 1869. This action was in debt by Samuel Horner against John Neff, Joseph Dougherty, Thomas Wiley and Thomas Curl, on the following note:— -November 13th 1865. One year after date we or either of us promise to pay to Samuel Horner the just sum of Five Hundred Dollars in seven thirties for value received of him, whereunto witness our hands and seals. Interest to be paid semi-annually.
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Error to the Court of Common Pleas of Greene county; No. 216, to October and November Term 1869. This action was in debt by Samuel Horner against John Neff, Joseph Dougherty, Thomas Wiley and Thomas Curl, on the following note:— -November 13th 1865. One year after date we or either of us promise to pay to Samuel Horner the just sum of Five Hundred Dollars in seven thirties for value received of him, whereunto witness our hands and seals. Interest to be paid semi-annually. Jacob A. Pennington, [l. s.' John Need, [l. si Joseph Dougherty, [l. si Thomas Wiley, [l. si Thomas Curl, [l. si The pleas…
1Opinion of the Court
The opinion of the court was delivered January 31st 1870, by
Agnew, J. —
It seems to be settled that a voluntary alteration of a bond, note or other instrument under seal, in a material part, to the prejudice of the obligor or maker, avoids it; unless done with the assent of the parties to be affected by it: 1 Greenleaf’s Ev. § 565; Marshall v. Gougler, 10 S. & R. 164; Barrington et al. v. Bank of Washington, 14 S. & R. 422-3; Foust v. Renno, 8 Barr 378; Henning v. Werkkeiser, Id. 518; Smith v. Weld, 2 Barr 54. Such a wilful act differs from spoliation by a stranger, or accidental alteration…
2Cited by8 opinions
- Miners Savings Bank v. NaylorSupreme Court of Pennsylvania · 1941
- Hershberger v. HershbergerSupreme Court of Pennsylvania · 1942
- Hartley & Co. v. CorboySupreme Court of Pennsylvania · 1892
- Gettysburg National Bank v. ChisolmSupreme Court of Pennsylvania · 1895
- Cornog v. WilsonSupreme Court of Pennsylvania · 1911
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