Brown v. Marmaduke
Supreme Court of Pennsylvania
Appeal, No. 326, Jan. T., 1913, by defendant, from judgment of C. P. Huntingdon Co., Dee. T., 1911, No. 6, on verdict for plaintiffs in case of Hermine Pauline Brown, Harry Brown and Lewis R. Brown, Executors of Philip Brown, Deceased, v. Frances. Marmaduke, Executrix of John A. Brown, Deceased. Assumpsit on a promissory note under seal. Before Woods, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiffs for $4,711.20 and judgment thereon.
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Appeal, No. 326, Jan. T., 1913, by defendant, from judgment of C. P. Huntingdon Co., Dee. T., 1911, No. 6, on verdict for plaintiffs in case of Hermine Pauline Brown, Harry Brown and Lewis R. Brown, Executors of Philip Brown, Deceased, v. Frances. Marmaduke, Executrix of John A. Brown, Deceased. Assumpsit on a promissory note under seal. Before Woods, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiffs for $4,711.20 and judgment thereon. Defendant appealed. Errors assigned were various rulings on evidence.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action of assumpsit on a note under seal, dated October 21, 1907, payable one year after date, signed by' John A. Brown and payable to Philip Brown, his father. The latter died in April, 1909, and his son died about six months thereafter. The action was brought by the executors of Philip Brown, deceased, against the executrix of John A. Brown, deceased. The pleas, were non est factum and payment. The trial resulted in a verdict and judgment for the plaintiffs, and the defendant has taken this appeal.
On the trial of the cause, witnesses were called by…
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