Boustead v. Cuyler

Citations

• 116 Pa. 551
• 8 A. 848
• 1887 Pa. LEXIS 423

Syllabus

<p>1. Suit was brought May 14, 1878, by A., executor of B., against the administratrix of the maker of the following instrument: “November 13, 1868. I have in my'hands to the credit of A., executor of B. and also of C., a certain sum payable to him as such executor, on demand with interest at six per cent, until paid.” Held, that no precedent demand was necessary to a right of action, and that the statute of limitations was a bar.</p> <p>2. The plaintiff offered as a witness, having shown on his voir dire that he was a son of the decedent and had assigned his interest to his wife, now deceased, was nevertheless incompetent to testify, nor could he be made competent by a release of his individual interest executed on trial.</p> <p>3. The instrument, though in the admitted handwriting of the defendant’s decedent, yet had been altered by the addition of “ with interest at six per cent, until paid,” which was unexplained : Held, the instrument was properly excluded from admission as evidence.</p>