Shiffer v. Mosier
Supreme Court of Pennsylvania
Appeal, No. 369, Jan. T., 1908, by plaintiff, from order of C. P. Luzerne Co., Oct. T., 1905, No. 282, refusing to take off nonsuit in case of Frank E. Shiffer, surviving executor of the estate of J. B. Shiffer, deceased, to use of Gertrude I. Heeley, v. James H. Mosier et al. Assumpsit on a written instrument. Before Lynch, P. J. At the trial it appeared that the suit was brought on an agreement in writing signed by seven persons.
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Appeal, No. 369, Jan. T., 1908, by plaintiff, from order of C. P. Luzerne Co., Oct. T., 1905, No. 282, refusing to take off nonsuit in case of Frank E. Shiffer, surviving executor of the estate of J. B. Shiffer, deceased, to use of Gertrude I. Heeley, v. James H. Mosier et al. Assumpsit on a written instrument. Before Lynch, P. J. At the trial it appeared that the suit was brought on an agreement in writing signed by seven persons. The copy of the agreement attached to the plaintiff’s statement of claim showed no attesting witness. When E. H. Hughes, a witness for plaintiff, was on the stand,…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This was an action of assumpsit in which it was sought to recover upon an article of agreement, signed by seven persons, who stipulated to make payment of a certain sum of money to one J. B. Shiffer, within a period of three years. Some time after the execution of the paper, Shiffer asked E. H. Hughes, who was familiar with the handwriting of the signers, to attest the signatures, and this he did, without the knowledge or consent of the signers. Upon the trial the court below held that the addition of the attestation was a material alteration which destroyed the…
2Cases cited8 opinions
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- Hartley & Co. v. CorboySupreme Court of Pennsylvania · 1892
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- Kountz v. KennedySupreme Court of Pennsylvania · 1870
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3Cited by9 opinions
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