Legal Opinion

Berkley v. Maurer

Superior Court of Pennsylvania

Decided October 11, 1909No. Appeal, No. 124PublishedCited by 4 opinions

Appeal, No. 124, April T., 1909, by defendant, from judgment of C. P. Somerset Co., Feb. T., 1903, No. 214, on verdict for plaintiff in case of H. M. Berkley, Cashier, v. E. B. Maurer. Issue to determine the validity of a judgment entered upon a judgment note with the defendant’s name upon it as surety. At the trial the defendant denied that he signed the note.

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Appeal, No. 124, April T., 1909, by defendant, from judgment of C. P. Somerset Co., Feb. T., 1903, No. 214, on verdict for plaintiff in case of H. M. Berkley, Cashier, v. E. B. Maurer. Issue to determine the validity of a judgment entered upon a judgment note with the defendant’s name upon it as surety. At the trial the defendant denied that he signed the note. James M. Cover, witness on the stand, was asked this question: “Q. Mr. Cover, leaving out of your knowledge of Mr. Maurer’s handwriting, your personal knowledge of his handwriting, and basing an opinion merely upon a comparison of…

1Opinion of the Court

Opinion by

Rice, P. J.,

The question being as to the genuineness of the signature of E. B. Maurer, opinion evidence of two classes of persons was admissible and relevant: (a) any person “acquainted” with his handwriting; (b) persons who, to use the words of our statute, “have had special experience with or who have pursued special studies relating to documents, handwriting and alterations thereof who are herein called experts:” Act of May 15, 1895, P. L. 69. Prior to this statute there had been much diversity of opinion, and of decision as well, upon the question of “comparison of hands. ” But…

2Cases cited14 opinions

  1. Irwin v. PatchenSupreme Court of Pennsylvania · 1894
  2. Wilson v. VanLeerSupreme Court of Pennsylvania · 1889
  3. Broadrick v. BroadrickSuperior Court of Pennsylvania · 1904
  4. Hemphill v. McClimansSupreme Court of Pennsylvania · 1855
  5. Travis v. BrownSupreme Court of Pennsylvania · 1862

9 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Steel v. SnyderSupreme Court of Pennsylvania · 1928
  2. Hershberger v. HershbergerSupreme Court of Pennsylvania · 1942
  3. Commonwealth v. GraumanSuperior Court of Pennsylvania · 1912
  4. Ritter v. Henry, Pennsylvania Court of Common Pleas, Mifflin County1932

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