Kountz v. Kennedy
Supreme Court of Pennsylvania
Error to tbe District Court of Allegheny county: No. 118, to October and November Term 1869. This was an action of assumpsit by James W. Kennedy against William J. Kountz to January Term 1868. The claim was by tbe plaintiff, as bolder, against tbe defendant as endorser of a note for $750, drawn by John P. Hunt, in favor of the defendant and by him endorsed.
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Error to tbe District Court of Allegheny county: No. 118, to October and November Term 1869. This was an action of assumpsit by James W. Kennedy against William J. Kountz to January Term 1868. The claim was by tbe plaintiff, as bolder, against tbe defendant as endorser of a note for $750, drawn by John P. Hunt, in favor of the defendant and by him endorsed. On tbe trial tbe plaintiff gave in evidence tbe note, with protest, as follows:— “ $750.00. Pittsburg, May 24th 1866. Eighteen months after date, I promise to pay to tbe order of W. J. Kountz, seven hundred and fifty dollars, without…
1Opinion of the Court
The opinion of the court was delivered, January 31st 1870, by
Thompson, C. J. —
This was an action by the plaintiff, the payee of the note in suit, against the endorser; he'gave in evidence the note and protest with proof of endorsement without objection, and rested.
The defence set up was, that the note had been altered, and to establish this the defendant called Ramsey, who had been the clerk of Hunt, the maker, to prove the alleged alteration. He testified that within an hour or an hour and a half after the making of the note, and after its delivery and endorsement by the defendant, as surety…
2Cited by7 opinions
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- Shiffer v. MosierSupreme Court of Pennsylvania · 1909
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