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3 Walker 412

Myton v. Duff

Supreme Court of Pennsylvania

Decided January 15, 1884

Supreme Court of Pennsylvania · decided 1884-01-15

This was an action in debt brought by Mordeeai Duff against Andrew Myton, executor of Jacob Smith, deceased, and was founded on a paper of which the following is a copy: March 7,1870. $450.00. I promise to pay to Mordeeai Duff or order the Sum of hundred and foure fifty fifty dolllars on demand with eight per cent, interest from this date until paid without defalcation. Value received — x—, - \ | SEAL. | '-'Jacob Smith. Jacob Smith.

Decided 1884-01-15

¶1The Supreme Court affirmed the judgment of the Court of Common Pleas on the 9th of June, 1884, in the following opinion,

Per Curiam :

¶2The rule which applies to an apparant alteration of commercial paper, does not apply with equal strictness to an instrument under seal. In view of the fact that this note was under seal, the case was properly submitted to the jury and on evidence.

¶3Judgment affirmed.

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