Ogle v. Graham
Supreme Court of Pennsylvania
IN ERROR, Error to Somerset county. brought this action of debt, upon a note under seal, against Adam Johnston and Alexander Ogle. The writ was served upon Ogle alone, who appeared and plead non est factum. Upon this issue the cause was tried.
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IN ERROR, Error to Somerset county. brought this action of debt, upon a note under seal, against Adam Johnston and Alexander Ogle. The writ was served upon Ogle alone, who appeared and plead non est factum. Upon this issue the cause was tried. The evidence given made out this case: Johnston was about to borrow four hundred dollars from the plaintiff Graham, and Ogle agreed to be his security: a joint and several note for that amount was written and signed by Ogle in the presence of one subscribing ■witness, and given to Johnston, who afterwards, not in the presence of Ogle or Graham, struck…
1Opinion of the Court
The opinion of the Court was delivered by
RogeRS, J.
Giving the testimony of the defendant on the plea of non est factum, the whole force to which it is entitled, and it *134amounts to this: Alexander Ogle agreed to become the bail of Adam Johnston, for a sum not exceeding $400. -Ogle drew a note for that sum, with a blank for the time when it was to be made payable, and executed it in the presence of a witness. The note was put into the hands of Johnston, who, not having use for so much money, altered the sum of $400 to $323, and filled the blank with the words, “the fii’st of December next.” The…
2Cases cited2 opinions
- Sigfried v. LevanSupreme Court of Pennsylvania · 1820
- Wiley v. MoorSupreme Court of Pennsylvania · 1828
3Cited by1 opinion
- Boggs v. BodkinWest Virginia Supreme Court · 1889