Legal Opinion

Pennell v. Phillips

Superior Court of Pennsylvania

Decided April 21, 1913No. Appeal, No. 84PublishedCited by 4 opinions

Appeal, No. 84, Oct. T., 1912, by plaintiff, from judgment of C. P. Lancaster Co., March Term, 1909, No. 2, for defendant n. o. v. in case of John J. Pennell v. William Phillips, Executor of the last will and testament of William Pennell, deceased. Assumpsit on a promissory note.

Read the full summary

Appeal, No. 84, Oct. T., 1912, by plaintiff, from judgment of C. P. Lancaster Co., March Term, 1909, No. 2, for defendant n. o. v. in case of John J. Pennell v. William Phillips, Executor of the last will and testament of William Pennell, deceased. Assumpsit on a promissory note. Before Hassler, J. The note in suit was as follows: “$510.00. July 30th, 1901. “On demand I promise to pay to John J. Pennell Five Hundred and Ten Dollars ($510.00) without defalcation for value received. “William Pennell.” And indorsed thereon was the following: “April 1st, 1903, received 1 year’s interest on the…

1Opinion of the Court

Opinion by

Head, J.,

The plaintiff’s action was on a promissory note dated July 30, 1901, payable on demand. The maker died November 25, 1905. Suit was begun against his executor February 8, 1909. On the face of the note the action *327was barred by the statute of limitations. As presented at the trial, the note showed an indorsement of one year’s interest within six years before suit brought. This indorsement was in the handwriting of the plaintiff. It was therefore necessary for him to prove it had been placed there at a time when it would be such a declaration against interest as to make it…

2Cases cited5 opinions

  1. Foster v. CollnerSupreme Court of Pennsylvania · 1884
  2. Rothrock v. GallaherSupreme Court of Pennsylvania · 1879
  3. Stephens v. CotterellSupreme Court of Pennsylvania · 1882
  4. Keating v. NolanSuperior Court of Pennsylvania · 1912
  5. Hoffer's EstateSupreme Court of Pennsylvania · 1893

3Cited by4 opinions

  1. Boyd v. SmithSupreme Court of Pennsylvania · 1953
  2. Donegal Township School District v. CrosbySuperior Court of Pennsylvania · 1952
  3. Estate of George H. LepperSuperior Court of Pennsylvania · 1932
  4. Estate of George H. LepperSuperior Court of Pennsylvania · 1932

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API