Evans v. Blake

Decided May 7, 1883

Supreme Court of Pennsylvania · decided 1883-05-07

In an action on a non-negotiable promissory note the defendant proved, under the plea of non-assumpsit, that some seven years previously the plaintiff and defendant agreed by articles• under seal, that the title to the undivided moiety of certain premises, was in reality held by the plaintiff as security for the payment of a debt owing by the defendant of the same amount as that of the note. Held, that this evidence was irrelevant, as under the contract the payment of the sum mentioned therein was a condition precedent to the defendant’s right to demand a deed. Held, further, that a verdict was rightly directed for the plaintiff.

Decided 1883-05-07

¶1The opinion of the court was filed

Per Curiam.

¶2This suit was on a nonrnegotiable promis*335sory note. No error is assigned to the rejection of evidence. Conceding the note to have been given to secure the payment of the sum specified in the contract, that fact is no bar to the recovery of a judgment on the note. It is payment only of the sum specified which gave the maker of the note a right to; demand the deed. If the ability of his representatives to obtain the deed be jeopardized by the payment of the money before a deed was executed, the equitable powers of the court are most ample to protect all interests. Under the issue trying it was irrelevant to prove that the note was given for the sum mentioned in the contract.

¶3Judgment affirmed.