Horner v. Horner
Pennsylvania Court of Common Pleas, Adams County
No. 3 May Term 1891, Sup. Ct.; court below, No. 107 January Term 1890, C. P. On January 25, 1890, an appeal was entered by tbe defendant from the judgment of a justice of the peace in favor of Ida G. Horner against Sarah P. Horner. On the same day, the defendant entered a rule on plaintiff “ to declare in thirty days from January 27, 1890, or judgment.”
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No. 3 May Term 1891, Sup. Ct.; court below, No. 107 January Term 1890, C. P. On January 25, 1890, an appeal was entered by tbe defendant from the judgment of a justice of the peace in favor of Ida G. Horner against Sarah P. Horner. On the same day, the defendant entered a rule on plaintiff “ to declare in thirty days from January 27, 1890, or judgment.” On February 11,1890, the plaintiff filed a statement of claim upon a note as follows : “ $275. March 24, 1882. “ I promise to pay Ida G. Horner, or order, two hundred and seventy-five dollars, with interest from February 10, 1882, for value…
1Opinion of the Court
Opinion,
Mb. Justice McCollum:
The contest in this case is between the maker and payee of the note in suit. The note is therefore subject to any equitable defence or set-off which the maker has against it. If it was executed and delivered upon, and as part of the agreement set out in the affidavits, the terms of the agreement, and the damages resulting from a breach of it, are matters proper to be considered in this action. As no time is mentioned in the note for its payment, the legal inference is that it is payable on demand; but this inference may be rebutted by proof of a contemporaneous…
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