Lauer v. Posey

Citations

• 15 Pa. Super. 543
• 1901 Pa. Super. LEXIS 386

Syllabus

<p>Evidence — Forgery—Practicing handwriting.</p> <p>In an action upon promissory notes, where the defense alleges that the notes were raised, an offer to prove that a witness had seen a paper in the handwriting of the payee, upon which were written words and letters similar to those alleged to be changed in the notes, for the purpose of showing that the payee was practicing to carry on the forgery alleged, is properly rejected where the paper upon which these writings were said to have been made was not produced or offered in evidence; nor is it error in such a case to reject an offer to prove forgery by the payee of other notes in transactions with which neither the plaintiff nor the defendant had any connection, without the production of the other notes alleged to have been forged.</p> <p>Promissory notes — Taking notes before maturity — Province of court and jury.</p> <p>In an action upon a promissory note where the plaintiff’s testimony that he took the note before maturity is uncontradicted, and the consideration is shown by a check and by the surrender of other notes whose genuineness is not disputed, although the plaintiff is unable to remember the names of the parties upon them, there is no necessity of submitting to the jury the question whether the plaintiff had taken the note in suit for value before maturity.</p> <p>Promissory notes — Forgery—Defense—Charge of court.</p> <p>In an action upon a promissory note where a forgery is alleged as a defense, a point requesting instruction that the jury should find for the defendant if she was not guilty of negligence in signing the notes, is properly refused, since the point ignores the condition that the jury might find that a forgery had been committed,</p>