Sunday v. Dietrich

Citations

• 16 Pa. Super. 640
• 1901 Pa. Super. LEXIS 121

Syllabus

<p>Promissory notes — Proof of execution — Evidence—Rules of court.</p> <p>Where a rule of court provides that in actions upon promissory notes if a copy of the note be filed thirty days before the trial, and notice of such filing, together with a copy of the instrument be served upon the defendant or his counsel not less than thirty days before the trial, the plaintiff will not be required to prove the execution of the note, or the handwriting of the parties; and it appears that in an action upon a promissory note no notice of the filing of a copy of the.note had been given, nor had a copy of the note been served, it is error for the court to admit in evidence the note which upon its face showed unmistakable evidence of material alterations, without any evidence whatever explaining the alteration.</p> <p>Practice, C. P. — Affidavit of defense — Admission.</p> <p>In an action against several defendants, where one of the defendants has made an affidavit of defense, the plaintiff cannot take advantage of the affidavit as an admission, unless he offers it in evidence at the trial.</p> <p>Where one of several defendants who were not partners makes an affidavit of defense, and it appears that he is not an agent of his codefendants, the affidavit cannot be considered an admission by the codefendants.</p> <p>Promissory notes — Alteration—Evidence.</p> <p>In an action upon a promissory note, where it appears on the face of the note that the word “order” had been stricken out, and the word “ bearer ” interlined, the note cannot be admitted in evidence until evidence has been produced by the plaintiif explaining the alteration.</p> <p>Evidence — Competency of witness — Parties dead — Act of June 11, 1891, P. L. 287.</p> <p>In an action against the makers of a promissory note by the administrator of the indorsee, the defendants are not competent to testify as to the condition of the note at the time it was made if disinterested persons alleged to have been present at the time