Hoopes v. Beale
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Chester county: Of January Term 1877, No. 96. Debt by William B. Hoopes to the use of Samuel H. Hoopes and others, administrators of Abraham Baily, deceased, against Horace A. Beale and others, members of Williamson Lodge, No. 309, A. T. M. The narr. contained four counts.
Read the full summary
Error to the Court of Common Pleas of Chester county: Of January Term 1877, No. 96. Debt by William B. Hoopes to the use of Samuel H. Hoopes and others, administrators of Abraham Baily, deceased, against Horace A. Beale and others, members of Williamson Lodge, No. 309, A. T. M. The narr. contained four counts. The first was on a bond made on behalf and by the authority of defendants, by which they acknowledge themselves to be bound to plaintiffs in the sum of $20,000. The .other three were the common counts. The defendants pleaded non est factum, nil debit, payment with leave, &c. At the…
1Opinion of the CourtJustice Gordon
That parol evidence may be admitted to contradict, vary or even avoid a written instrument, where it is proved that, but for the oral stipulations, it would not have been executed, is a doctrine now so well settled that its discussion would be a mere waste of time.. It is understood that this rule does not apply to negotiable paper, when in the hands of innocent holders for value, but other than this, we know of no exception.
*84Admitting the competency of the evidence, and there is no doubt but that W ells, Mullin and Doan, the trustees of the lodge, signed the bond in suit, with the express…
2Cases cited1 opinion
- Irwin v. ShoemakerSupreme Court of Pennsylvania · 1844
3Cited by3 opinions
- Honesdale Glass Co. v. StormsSupreme Court of Pennsylvania · 1889
- Wheatley v. NiedichSuperior Court of Pennsylvania · 1904
- Morris v. ShakespeareSupreme Court of Pennsylvania · 1888