Lyon v. Reichard

Citations

• 19 Pa. Super. 635
• 1902 Pa. Super. LEXIS 166

Syllabus

<p>Judgment — Judgment note — Security—Issue.</p> <p>. On the trial of ail issue to determine the validity of a judgment entered upon a judgment note, where both parties assert that the note was given as collateral security, the plaintiff asserting that it was to secure advances made during the performance of a contract, the defendant asserting that it was special and given as collateral for a particular advancement which was made at the time of the execution of the note, the controversy is not whether the note was an absolute and original promise to pay, but only as to the indebtedness for which it was held as collateral. In such a case the plaintiff after a verdict and judgment against him cannot be heard to urge that he stood upon the note as an absolute promise, and that the defendant met this obligation only by his'own testimony, thus failing to furnish evidence sufficient in kind or character to overthrow the obligation.</p>