Smith v. Smith
Superior Court of Pennsylvania
Appeal, No. 137, Oct. T., 1910, by defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1909, No. 2,974, on verdict for plaintiff in case of J. L. Smith v. Elvino Y. Smith. Assumpsit on a promissory note. Before Kinsey, J. The note is quoted in the opinion of the Superior Court.
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Appeal, No. 137, Oct. T., 1910, by defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1909, No. 2,974, on verdict for plaintiff in case of J. L. Smith v. Elvino Y. Smith. Assumpsit on a promissory note. Before Kinsey, J. The note is quoted in the opinion of the Superior Court. At the trial the court refused under objection and exception to admit in evidence the market price of the four atlases mentioned in the note. [1] [Then we come to the question of the note and the atlases that were to be given to him in addition to the amount of the note with interest. He says, ‘ ‘ I will…
1Opinion of the Court
Opinion by
Head, J.,
The plaintiff in this action seeks to recover, inter alia, ■the principal and interest due on a promissory note of which the following is a copy:
“Philadelphia, Aug. 27, 1907.
“Three months after date I promise to pay to J. L. *356Smith or order Three hundred & fifty dollars for money loaned, and will give him 4 Atlas 38 Ward (when published) for the loan.
“$350.00.
“(Signed) E. V. Smith.”
It thus appears from an inspection of the note itself that the defendant, in consideration of the loan, agreed to give to the plaintiff something more than the interest fixed by law as the…
2Cases cited2 opinions
- Earnest v. HoskinsSupreme Court of Pennsylvania · 1882
- Overholt v. National BankSupreme Court of Pennsylvania · 1876
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- Smith v. SmithSuperior Court of Pennsylvania · 1912
- Pollice v. National Tax Funding, L.P.Court of Appeals for the Third Circuit · 2000
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