Tatem v. Galloway

Citations

• 235 Pa. 420
• 84 A. 422
• 1912 Pa. LEXIS 564

Syllabus

<p>Promissory note — Contract—Evidence.</p> <p>In an action by endorsers on a promissory note who had been compelled to pay it, against a former endorser, where the defense is a guarantee by the plaintiffs to cash two mortgages which they held for defendant and pay the note in suit and four other notes, a certificate for the defendant and judgment thereon will be set aside by the appellate court where the written evidence in the case not only does not establish the contract set up by the defendant, but is inconsistent with it, and there is no oral proof supplemental to or explanatory of the documentary evidence sufficient by itself, or in connection with the former, to sustain a finding that such a contract existed.</p>