Kepner v. Keefer
Supreme Court of Pennsylvania
ERROR to the special court of common pleas of Juniata county. Solomon Keefer against Benjamin Kepner. This was an action of debt upon a single bill, dated the 28th of February 1832, for 250 dollars, payable in three months. After the plaintiff had given the note in evidence, the defendant called John Kozier, Sen., who said, “ the note was signed on Sunday, but it was dated the day before.
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ERROR to the special court of common pleas of Juniata county. Solomon Keefer against Benjamin Kepner. This was an action of debt upon a single bill, dated the 28th of February 1832, for 250 dollars, payable in three months. After the plaintiff had given the note in evidence, the defendant called John Kozier, Sen., who said, “ the note was signed on Sunday, but it was dated the day before. I signed it as a witness This was all the evidence given in the cause, as appeared to this court. The court below instructed the jury in substance, that the note executed on Sunday was void; but if they…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
This is an action of debt founded upon a single bill, bearing date the 28th of February 1832, given by the plaintiff in error to the defendant, for the payment of 250 dollars in three months after the date thereof. The plaintiff in error, being the defendant below, pleaded payment with leave to give the special matter in evidence. The defence set up under this plea was, that the bill, though dated the 28th of the month, which was Saturday, was actually signed and delivered on the following day, being the Lord’s day, commonly called Sunday;…
2Cases cited1 opinion
- Mitchell v. SmithSupreme Court of Pennsylvania · 1804
3Cited by20 opinions
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- Geer v. PutnamMassachusetts Supreme Judicial Court · 1813
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