Harper v. Lukens

Citations

• 271 Pa. 144
• 112 A. 636
• 1921 Pa. LEXIS 471

Syllabus

<p>Promissory note — Agreement in note as to collateral — Evidence • — Appeals—Striking out note — Assignment of error — Act of May U, 1915, P. L. lt88.</p> <p>1. In an action on a note with collateral, it is not necessary for plaintiff to plead or prove the latter, or any contract relating thereto; the burden is on defendant to show that the collateral is so held as to prevent a recovery on the note.</p> <p>2. Under the Practice Act of May 14,1915, P. L. 485, it is necessary for the pleader to attach to his pleading copies of all notes, contracts, etc., upon which he relies for his claim or defense; but it is not necessary to attach copies of other papers merely referred to but not essential to his cause of action; nor is it necessary to make proof of such unessential papers.</p> <p>3. Where a collateral promissory note contains a reference to a contract connected with the collateral, defendant cannot, on appeal, object to the note as evidence, where he did not move to strike it out, nor assign as error the ruling of the trial court for its admission.</p>