Miller v. Miller
Supreme Court of Pennsylvania
May 9th 1871. Before Thompson, C. J., Agnew, Sharswood and Williams, JJV Error to the Court of Common Pleas of Franklin county: No. 66, to May Term 1861. The action in this case was by Nancy A. Miller-against David Miller, commenced February 5th 1868, on a note of which the following is a copy:— $1200 on or before the first day of April, one thousand eight 'hundred and forty-eight, we or either of us promise to pay- Nancy Miller, or order, the sum of twelve hundred dollars…
Read the full summary
May 9th 1871. Before Thompson, C. J., Agnew, Sharswood and Williams, JJV Error to the Court of Common Pleas of Franklin county: No. 66, to May Term 1861. The action in this case was by Nancy A. Miller-against David Miller, commenced February 5th 1868, on a note of which the following is a copy:— $1200 on or before the first day of April, one thousand eight 'hundred and forty-eight, we or either of us promise to pay- Nancy Miller, or order, the sum of twelve hundred dollars with interest from this date without defalcation for value received, given under our hands and seals this first day of…
1Opinion of the Court
The opinion of the court was delivered,
by. Agnew, J.
The plaintiff sued on a single bill for $1200, on which were endorsed sundry credits which were read, and she rested. The defendant then proved and read an entry on the face of the bill signed by the plaintiff, viz.: “ This note settled in full,” and rested. For the purpose of showing that this entry was made without consideration, and under duress, the plaintiff replied by giving evidence of a parol contract by the defendant to give her a home in his house, and to board her, and to pay her interest at 5 per cent, on his debt to her; and…
2Cases cited1 opinion
- Stouffer v. LatshawSupreme Court of Pennsylvania · 1834
3Cited by7 opinions
- Tri-State Roofing Co. v. SimonSuperior Court of Pennsylvania · 1958
- Irwin v. WeikelSupreme Court of Pennsylvania · 1925
- Yulsman v. DuboisSupreme Court of Pennsylvania · 1943
- Mineral Railroad & Mining Co. v. FlahertySuperior Court of Pennsylvania · 1904
- Reed v. MindlinDistrict Court, E.D. Pennsylvania · 1944
2 more not listed; retrieve them via the Exa API.