Barclay v. Weaver
Supreme Court of Pennsylvania
Error to tbe District Court of Allegheny county. This was an action on the case by Elizabeth Barclay against Jacob Weaver, Jr., as the endorser of a promissory note, as follows: Pittsburgh, January 21, 1848. Six months after date, I promise to pay to the order of Jacob Weaver, one thousand dollars, with interest from date, without defalcation, value received. B. Weaver. Endorsed, Jacob Weaver, Jr., H. A. Weaver.
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Error to tbe District Court of Allegheny county. This was an action on the case by Elizabeth Barclay against Jacob Weaver, Jr., as the endorser of a promissory note, as follows: Pittsburgh, January 21, 1848. Six months after date, I promise to pay to the order of Jacob Weaver, one thousand dollars, with interest from date, without defalcation, value received. B. Weaver. Endorsed, Jacob Weaver, Jr., H. A. Weaver. On the part of the plaintiff, David Barclay testified as follows: On the 21st of July, 1847, $1000 was loaned to Benj. Weaver, Jacob and H. A. Weaver being endorsers. The money loaned…
1Opinion of the Court
The opinion of the Court, filed was delivered by
Lowrie, J.
I decided this cause while I was Judge of the Court below, and I am now instructed to say that my decision on the second point was right, and for sufficient reasons. But on the first point I am convicted and convinced of error.
That point presents the question, May a party prove, by oral testimony, that, at the time of the endorsement of a promissory note, it was agreed that the endorser should he absolutely bound for the payment of it, without the usual demand and notice ? This was answered in the negative in the Court below, on the…
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