Addams v. Seitzinger
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Berks county. Peter Addams and Elijah Deckert, administrators of John Addams, deceased, against Jacob W. Seitzinger. This was an action of assumpsit on a note, to which the defendant pleaded non assumpsit infra sex annos. The plaintiff gave in evidence the following note: “ On demand I promise to pay John Addams or order, six hundred dollars, without defalcation, for value received. Reading, Sept. 4, 1827. Jacob W. Seitzinger.”
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ERROR to the Common Pleas of Berks county. Peter Addams and Elijah Deckert, administrators of John Addams, deceased, against Jacob W. Seitzinger. This was an action of assumpsit on a note, to which the defendant pleaded non assumpsit infra sex annos. The plaintiff gave in evidence the following note: “ On demand I promise to pay John Addams or order, six hundred dollars, without defalcation, for value received. Reading, Sept. 4, 1827. Jacob W. Seitzinger.” And proved that said John Addams died in November 1832. That the following endorsements or entries on the back of said promissory note,…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
Endorsements or memorandums of payments, as acknowledgment of debt to avoid the consequences of lapse of time, were never much encouraged by the English judges; and they have been finally prohibited, as regards the statute of limitations, by the 9 G. 4. c. 14, though they may still be used in the English courts, to rebut the presumption of payment which ordinarily arises from the lapse of twenty years. Yet the objection usually made to their competency, that they enable a party to make evidence for himself, is more specious than solid. If…
2Cited by8 opinions
- Rudisill v. CordesSupreme Court of Pennsylvania · 1939
- Haver v. SchwyhartMissouri Court of Appeals · 1890
- Shaffer v. ShafferSupreme Court of Pennsylvania · 1861
- Hart v. BucherSupreme Court of Pennsylvania · 1897
- Keiber, Administrator v. KeiberSuperior Court of Pennsylvania · 1926
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