Bond v. Cole

Citations

• 49 Pa. Super. 144
• 1912 Pa. Super. LEXIS 298

Syllabus

<p>Evidence — Letter—Comment on letter — Trial.</p> <p>1. A trial judge cannot be convicted of error in refusing counsel permission to comment on a letter, where it appears that the existence of the letter was developed on cross-examination, that counsel had the letter in his own possession at the trial, and could have offered it in evidence if he so desired.</p> <p>Judgment — Opening judgment — Issue to determine validity of judgment — Promissory note — Alteration.</p> <p>2. On an issue to determine the validity of a judgment entered on a judgment note, it was admitted that the consideration of the note was in part payment for a horse that was bought for stock purposes. The defendant testified that there had been a guarantee in writing that the horse was sound for stock purposes but that this writing had been destroyed in a fire at his father’s store. There had been written into the note the following words: “As part payment on a horse that was not guaranteed.” It was testified by both makers that these words had been written into the note after execution and delivery. The note was dated twelve years prior to the entry of judgment on it. Held, that the case was for the jury and that a verdict and judgment for plaintiff should be sustained.</p>