Luzerne County National Bank v. Lowenstein

Citations

• 68 Pa. Super. 337
• 1917 Pa. Super. LEXIS 123

Syllabus

<p>Promissory notes — Alteration—Evidence—New trial on terms— Practice, O. P. — Notice.</p> <p>In an action on a promissory note by holder against endorser, it appeared that the date had been changed. The plaintiff declared on the notes as of the altered date.- There was nothing in the appearance of the notes to indicate the alteration, and the court did not submit to the jury the question as to whether the holder was put upon inquiry. The court charged that if the jury found that there was an alteration they should find for the defendant. The verdict was for defendant. Subsequently the court granted a new trial on condition that the plaintiff amend the statement so as to declare on the note according to its original tenor. Held, (1) that the granting of a new trial on terms was proper, (2) that the court committed no error in declining to submit to the jury the question as to whether the holder was put upon notice by the condition of the note.</p> <p>In an action on a promissory note by holder against endorsee, where it is developed that the original date of the note had been changed to a later date, there is sufficient evidence of notice of dishonor to go to the jury, where it is shown that on the very day the note became due according to its original tenor, the defendant at the close of banking hours called at the plaintiff bank and was informed that the note in question had been presented by a notary and not been paid.</p>