Peters v. Rothermel

Citations

• 30 Pa. Super. 281
• 1906 Pa. Super. LEXIS 61

Syllabus

<p>Promissory notes — Statute of limitations — Indorsement as tolling the statute —Husband and wife — Decedents’ estates.</p> <p>The husband of an intestate payee of a promissory note, although not administrator of the intestate, has such an interest in the note that indorsement by him of the payment of interest upon the note will toll the running of the statute</p> <p>Where it is sought to toll the running of the statute of limitations against a promissory note by means of indorsements of the payment of interest on the note, it must be shown that the indorsements were made at the dates at which they purported to have been made respectively.</p> <p>The principle upon which the indorsement of a payment on a promissory note by the holder thereof is admissible to toll the running of the statute of limitations is that it is against the interest of the party making it, but this is true only -s¿hen the indorsement is made prior to the date at which the statute becomes a bar, and in order, therefore, to give it the effect that .it should have, it is necessary t'o show that the indorsement was made at the time at which it purports to have been made, otherwise, if made after the statute had become a bar, although dated before, it might be a merely self-serving declaration.</p>