Miners Savings Bank v. Naylor

Opinion by

Mr. Justice Parker,

This is a suit in assumpsit on a promissory note which contained a material alteration. The case was called for trial before a jury and, after plaintiff had produced his proofs and made certain offers, a compulsory nonsuit was entered. The appeal, which was taken from a refusal to take off the nonsuit, raises questions of pleading and procedure.

The plaintiff set forth in its statement of claim a copy of a promissory note of this tenor: “Scranton, Pa., Sept. 2, 1931. On demand after date for value received I promise to pay to the order of ourselves $35000°%oo. The…