Helzer v. Helzer
Supreme Court of Pennsylvania
Appeal, No. 133, Jan T., 1899, by plaintiff, from judgment of C. P. York Co., on verdict for defendant. Assumpsit upon a judgment note alleged to be lost. Before Stewart, P. J. At the trial defendant produced a note which was identified by the subscribing witness as the note sued upon.
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Appeal, No. 133, Jan T., 1899, by plaintiff, from judgment of C. P. York Co., on verdict for defendant. Assumpsit upon a judgment note alleged to be lost. Before Stewart, P. J. At the trial defendant produced a note which was identified by the subscribing witness as the note sued upon. This note is as follows: “$1,400 York, Pa., February 8, 1896. “ One year after date I promise to pay Melchoir Helzer the sum of fourteen hundred dollars, the same being purchase money for real estate this day conveyed, without defalcation, for value received, with interest at 3 per cent, from April 1st. 1896.…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
At the former trial a note was produced by the defendant, but plaintiff declined to accept it as the note sued on, and nothing further was done in the way of establishing that fact. We were therefore obliged to reverse the judgment, 187 Pa. 243. On the second trial the defendant not only produced the note again, but had it clearly identified on the cross-examination of the subscribing witness. The court therefore had before it the case of a narr. on a note assumed to be lost and evidence given of its contents, followed by the production of the note and its…
2Cases cited3 opinions
- Eckert v. CameronSupreme Court of Pennsylvania · 1862
- Connelly v. McKeanSupreme Court of Pennsylvania · 1870
- Helzer v. HelzerSupreme Court of Pennsylvania · 1898
3Cited by5 opinions
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- Stucker v. ShumakerSupreme Court of Pennsylvania · 1927
- First National Bank v. GerliSupreme Court of Pennsylvania · 1911
- Pascall v. Fidelity Union Trust Co.New Jersey Court of Chancery · 1936
- Wick v. RoopSupreme Court of Pennsylvania · 1916