Ashby v. Butz

Citations

• 257 Pa. 230
• 101 A. 318
• 1917 Pa. LEXIS 712

Syllabus

<p>Negotiable instruments — Promissory notes — Alleged cancellation —Insufficient evidence.</p> <p>Where in an action on a promissory note, brought by the executrix of a decedent’s estate against the maker, the defense was that the note had been cancelled in pursuance of the terms of an agreement entered into by defendant and plaintiff’s decedent, but where the evidence showed that although an agreement was to have been prepared and executed and the note cancelled in pursuance thereof, such agreement had in fact never been executed, and that the liability of the defendant had not been impaired at the time of the death of decedent, the court properly directed a verdict for plaintiff.</p>