LAW.coLAW.co

Rollins M. Braithwait et al., Plffs. in Err., v. Joseph Renshaw

Supreme Court of Pennsylvania1888-04-02No. No. 182, E. D.
8 Sadler 615

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Opinion by

Mr. Justice Paxson :

The defendant below was sued as indorser of a promissory note. His defense was that when he parted with the note to the plaintiff, tbe latter agreed not to look to him as indorsee. This was to contradict the legal effect of the indorsement; in other words to reform the instrument. He attempted to do this by his oath alone. This will not do. He was flatly contradicted by the plaintiff; there was only oath against oath, and the note must stand. We see no error in the rulings of the court.

Judgment afflrmed.