Smalley v. Morris

Citations

• 157 Pa. 349
• 27 A. 734
• 1893 Pa. LEXIS 1424

Syllabus

<p>LMarked to be reported.]</p> <p>Promissory note — Evidence—Hearsay.</p> <p>In an action on a promissory note given in payment for oil leases, where defendant claims that the sale of the leases was made to him by means of false representations as to productiveness, etc., a statement of an oil company showing the production of the lands is incompetent where the statement is unaccompanied by proof of its correctness.</p> <p>Sale — Fraud—Oil lease.</p> <p>In an action upon a promissory note given in payment for oil leases, defendant claimed that he was induced to buy the leases by the fraudulent misrepresentations of plaintiff’s agent, and that by reason of these misrepresentations he failed to discover the fraud that had been practiced upon him until about a year after the contract was executed. It also appeared that the note in suit was the fifth of six negotiable promissory notes payable at intervals of six months from the date of the sale. It appeared that the first four notes had passed into the hands of iunocent parties before maturity, and had been paid. Held, that it was not too late for defendant to set up the fraud as a defence to the fifth note.</p> <p>Verdict — Affidavits of jurors — Practice, O. P.</p> <p>In an action on a note given for oil leases, defendant alleged fraudulent misrepresentations of the plaintiff, as a defence, and that the property was worth less than he had agreed to pay for it. The jury returned the following verdict: “ We do find for the defendant, and agree to give to Mr. Morris (defendant) judgment in the sum of fifteen hundred dollars.” The court entered judgment for defendant, generally. Affidavits of eleven jurors were filed stating 6iiat they intended to find for plaintiff with a credit allowance to defendant of fifteen hundred dollars upon the note in suit. Held, that such affidavits could not be considered, and that the judgment as entered by the court should be sustained.</p>