Coughenour v. Suhre
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Somerset county: Of May Term 1872, No. 63. This was an action commenced before a justice of the peace by Cornelius Suhre against Levi Coughenour and Isaac Coughenour, and brought into the Court of Common Pleas by appeal on the 22d of April 1871. In the Common Pleas the plaintiff declared against the defendants jointly on the following note:— “$47.85. “North Hampton T. P., Penna., December 30th 1870. I acknowledge to owe and stand…
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Error to the Court of Common Pleas of Somerset county: Of May Term 1872, No. 63. This was an action commenced before a justice of the peace by Cornelius Suhre against Levi Coughenour and Isaac Coughenour, and brought into the Court of Common Pleas by appeal on the 22d of April 1871. In the Common Pleas the plaintiff declared against the defendants jointly on the following note:— “$47.85. “North Hampton T. P., Penna., December 30th 1870. I acknowledge to owe and stand indebted to Cornelius Suhre order $47.85 for value ree’d. Payable as follows one day after date and in consideration of the…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
The offer rejected by the court was to prove “ that the note was not to be payable until defendant got the money ■from the bridge.” The objection was that the terms of the note could not be contradicted. The note was in express terms payable at a stipulated time. The offer was therefore clearly incompetent without showing fraud or mistake, or that there was a subsequent agreement made on a sufficient consideration. The deficiencies in a written agreement which may be supplied by parol evidence are not such as contradict or vary the express…
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