Goldsmith v. Stocker

Citations

• 253 Pa. 127
• 97 A. 1079
• 1916 Pa. LEXIS 798

Syllabus

<p>Goniracis — Promise to pay the 'debt of another — Statute of frauds —Written instruments — Alteration—Case for jury.</p> <p>1. A note given as collateral security to protect the holder against liability by reason of his endorsement of a promissory note of a third person, and having on the back an endorsement reading, “for note Reading National Endorsed Isaac Goldsmith, J. Jacob Longenderfer and J. Henry Stocker” is a sufficient memorandum of a promise to pay the debt of another to satisfy the statute of frauds.</p> <p>2. Where, in an action on the collateral note, it appeared that after the payment of the original note the holder of the collateral note desired to retain it as security against liability on another note which he had endorsed, and that his son in the defendant’s presence struck out the words “Reading National” from the endorsement on the collateral note and inserted the words “Berks County Trust Company,” it was for the jury to determine, the evidence being conflicting, whether the alteration in the endorsement of the collateral note was made with defendant’s consent, and a verdict and judgment for plaintiffs were sustained.</p>