Laubach v. Meyers
Supreme Court of Pennsylvania
Appeal, No. 194, Jan. T., 1892, by defendant, Henry F. Meyers, from order of C. P. Lehigh Co., Jan. T., 1892, No. 13, entering judgment for plaintiff, Milton B. Laubach, for want of a sufficient affidavit of defence. Assumpsit on a lost instrument in writing.
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Appeal, No. 194, Jan. T., 1892, by defendant, Henry F. Meyers, from order of C. P. Lehigh Co., Jan. T., 1892, No. 13, entering judgment for plaintiff, Milton B. Laubach, for want of a sufficient affidavit of defence. Assumpsit on a lost instrument in writing. The plaintiff’s statement was as follows: “ The above stated action is founded as follows: The plaintiff sold his store in Bethlehem, Pa., to one Harpel Yearick, and, as a part of the consideration therefor, received a promissory note, of which the following is a correct copy -: Sept. 3rd, 1890. 12,250. “ One day after date we promise to…
1Opinion of the Court
Opinion by
Mb. Justice G-reen,
The proceeding in this case is founded upon a note which the plaintiff in his statement, describes as lost or mislaid. The defendant is a surety only, having received no part of the consideration for which the note was given. In the’plaintiff’s statement there is set forth what is alleged and purports to be a copy of the note in suit. It is not a promissory note, but a single bill, with a warrant of attorney to confess judgment. The plaintiff’s statement is not verified by an affidavit, and is not even signed by the plaintiff. It is signed., “ O. J. Erdman,…
2Cases cited3 opinions
- Meyer v. BarkerSupreme Court of Pennsylvania · 1814
- Miller v. GillelandSupreme Court of Pennsylvania · 1852
- Porter v. Wilson & KellySupreme Court of Pennsylvania · 1850
3Cited by6 opinions
- Parry v. First National BankSupreme Court of Pennsylvania · 1921
- Brenner v. LesherSupreme Court of Pennsylvania · 1938
- Greggerson's EstateSupreme Court of Pennsylvania · 1942
- Hacker v. PriceSuperior Court of Pennsylvania · 1950
- Hacker v. PriceSuperior Court of Pennsylvania · 1949
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