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1 Monag. 167

Graham v. Spang

Supreme Court of Pennsylvania

Decided November 9, 1888

Supreme Court of Pennsylvania · decided 1888-11-09

Error, No. 260, Oct. T. 1887, to C. P. No. 2, Allegheny Co., to review a judgment for plaintiff in an action oi assumpsit, at July T. 1884, No. 115. Clark, J., absent. This action was brought by R. T. Graham against C. H. Spang and others, co-partners under the name of Farmers1 and Mechanics .Bank of Sharpsburg, to recover a balance due on money deposited.

Relies on Breneman v. Furniss

Decided 1888-11-09

Per Curiam,

¶1The evidence, the admission of which is complained of in the first assignment of error, was rightly admitted. It is true, the note, on its face, showed a manifest interlineation, but the proof that it had been admitted on the former trial without objection, was sufficient to warrant its reception as prima facie evidence.

¶2The exception to the opinion of the expert was not well taken. The case on which he was called to pass was not one of a comparison of separate writings, but one involving a comparison of part of the writing in the note with the signature; this was a proper subject for his opinion. Rees v. Rees, 90 Pa. 189.

¶3The judgment is affirmed. A. B. W.-

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