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4 Walk. 336

Weikel & Spogen v. Beckel

Supreme Court of Pennsylvania

Decided March 2, 1885

Supreme Court of Pennsylvania · decided 1885-03-02

172 July Term, 1874. This was a summons in assumpsit brought by Charles N. Beckel against Oliver Weikel and Anton Spogen, partners, trading as Weikel & Spogen, upon the following note : $309 Bethlehem, Penna., March 15, 1882. Ninety days after date we promise to pay to the order of C. N. Beckel, attorney, at the First National Bank of Bethlehem, Three Hundred and Nine 20-100 Dollars, without defalcation, for value received. Weikel & Spogen. Credit the drawer. Chas.

Decided 1885-03-02

¶1*338The Supreme Court affirmed the judgment of the Common Ipieas on March 2d, 1885, in the following opinion:

Per Curiam.

¶2The amendment was properly allowed. The affidavit of defense made by the plaintiffs in error shows they understood the note was executed under circumstances which made the amendment just and proper. The note was payable to the son as attorney, and the plaintiffs well knew who his principal Was. They were therefore not surprised by the amendment. It follows there was no error in the rejection of the witness, and in instructing the jury to return a verdict in favor of the .plaintiff below.

¶3Judgment affirmed.

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