Shaub v. Shaub
Citations
- 71 Pa. Super. 456
- 1919 Pa. Super. LEXIS 137
Syllabus
<p>Promissory note — Alteration—Subscribing witness — Attestation after signature of one of the makers.</p> <p>Where two or more parties have affixed tbeir names to a writing, and the name of a witness is affixed in the place set apart for that purpose on the paper, without the knowledge or consent of the plaintiff party, it does not necessarily follow that the alteration avoids the instrument.</p> <p>Where the evidence shows that the subscribing witness intended to certify only to the one of the signatures, that there is no dispute in regard to the signature of the maker, it is competent to inquire into the circumstances of the signing, and where it appears to have been done without fraud or unlawful purpose, the signature of the attesting witness will be regarded as relating to the act which he intended to attest.</p>
Judges: Henderson, Orlady, Porter, Trexler, Williams
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