Whitmire v. Montgomery
Supreme Court of Pennsylvania
Appeal, No. 146, October Term, 1894, by defendant, from judgment of C. P. Butler Go., December Term, 1892, No. 188, on a verdict for the plaintiff. Issue to determine validity of judgment. Before Greer, P. J. At the trial it appeared that, on Oct. 29,1892, judgment was entered against defendant, on a promissory note made on Sunday, March 3, 1889. Defendant set up as a defence the illegality of the date of the note, and also claimed that it was forged.
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Appeal, No. 146, October Term, 1894, by defendant, from judgment of C. P. Butler Go., December Term, 1892, No. 188, on a verdict for the plaintiff. Issue to determine validity of judgment. Before Greer, P. J. At the trial it appeared that, on Oct. 29,1892, judgment was entered against defendant, on a promissory note made on Sunday, March 3, 1889. Defendant set up as a defence the illegality of the date of the note, and also claimed that it was forged. J. B. Flack, a witness for plaintiff, was asked: “ Q. State whether or not your experience and skill in handwriting would enable you to…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
A judgment entered in the common pleas in favor of the plaintiff as executor of John Whitmire on a judgment note alleged to have been made by the defendant was opened on the averment that the note was forged and that it was dated on Sunday. Forgery and illegality of the contract were the grounds of defence at the trial. The plaintiff having died, and the defendant being incompetent to testify, there was difficulty on both sides in the attempt to throw light upon the transaction. The thirty-one assignments of error include nearly all that was said or done at the…
2Cases cited1 opinion
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