Hacker v. National Oil Refining Co.
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 4, to July Term 1870. This was an action of assumpsit by The National Oil Refining Company against Harriet B. Hacker. The writ was issued to March Term 1869 of the court below. The cause of action was a promissory note for $2041, dated October 10th 1866, drawn by the defendant, payable four months after date to the order of James H. Stevenson, endorsed by him and held by the plaintiffs.
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Error to the District Court of Philadelphia: No. 4, to July Term 1870. This was an action of assumpsit by The National Oil Refining Company against Harriet B. Hacker. The writ was issued to March Term 1869 of the court below. The cause of action was a promissory note for $2041, dated October 10th 1866, drawn by the defendant, payable four months after date to the order of James H. Stevenson, endorsed by him and held by the plaintiffs. On the trial, May 3d 1870, before Stroud, J., the plaintiffs gave the note in evidence and rested. The defendant offered to prove, that she was a subscriber for…
1Opinion of the Court
The opinion of the court was delivered, May 17th 1873, by
Williams, J.
There was no error in rejecting the offer of evidence set out in the bill of exception embraced in the first specification. It was an offer to prove in substance a contemporaneous parol agreement at variance with the written contract, without any allegation or offer to show that the note was given or obtained by fraud or mistake. It is too well settled to admit of doubt that such evidence is inadmissible: Anspach v. Bast, 2 P. F. Smith 356. It did not tend to prove that the consideration for which the note was given had…
2Cited by12 opinions
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