Sunday v. Dietrich
Superior Court of Pennsylvania
Appeal, No. 13, Oct. T., 1900, by defandants, from judgment of C. P. Schuylkill County, May T., 1897, No. 82, on verdict for plaintiff in case of John A. Sunday, Administrator, etc., v. Neri Dietrich et al. Assumpsit on a promissory note.
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Appeal, No. 13, Oct. T., 1900, by defandants, from judgment of C. P. Schuylkill County, May T., 1897, No. 82, on verdict for plaintiff in case of John A. Sunday, Administrator, etc., v. Neri Dietrich et al. Assumpsit on a promissory note. Before Henning, J. At the trial plaintiff offered in evidence the following note: “ 600.00. Friedensburg, Pa., May 1st, 1891. “ Three years after date, for value received, we, or either of us, promise to pay Faulkner & Co., or bearer (the word order striken out by a horizontal line drawn through it), Six Hundred Dollars at the Safe Deposit Bank of…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The court below admitted in evidence a promissory note which upon its face showed unmistakable evidence of material alterations, without any evidence whatever explaining said alterations. The learned judge based his ruling upon a rule of court in the following language : “ In actions upon promissory notes or other instruments of writing, if a copy thereof be filed thirty days or more before the time of trial of any case, and notice of such filing, together with a copy of said instrument, be served upon the defendant or his counsel not less than thirty days before…
2Cases cited17 opinions
- Flegal v. HooverSupreme Court of Pennsylvania · 1893
- Kauss v. RohnerSupreme Court of Pennsylvania · 1896
- King v. RichardsSupreme Court of Pennsylvania · 1841
- Roth's EstateSupreme Court of Pennsylvania · 1892
- Nesbitt v. TurnerSupreme Court of Pennsylvania · 1893
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