Wheeler v. Ahlers
Wheeler v. Ahlers
Opinion of the Court
Opinion by
The action being assumpsit on promissory notes, by holder against indorser, the defense was that the notes had been fraudulently raised in amount by the maker after the indorsement. On such an issue all the authorities agree that the door should he opened wide to all evidence tending to throw light on the transaction. It is true that in general it is not competent to
The second assignment, to the exclusion of a confession or statement by Cowan as to the raising of the amounts of certain notes, cannot be sustained. While Cowan himself might have testified to the facts, his ex parte statement, not under oath, and not subject to cross-examination, could not affect the rights of plaintiff as a bona fide holder of the raised note.
The other assignments do not require special notice. They are not sustained.
Judgment reversed and venire de novo awarded.
Reference
- Full Case Name
- D. Wheeler v. William Ahlers
- Cited By
- 6 cases
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- Published
- Syllabus
- Promissory notes—Forgery—Evidence. In an action on a promissory note by a bolder against an indorser, where the defense is that the note had been fraudulently raised in amount by the maker after the indorsement, the door should be opened wide to all evidence tending to throw light on the transaction. In an action upon a promissory note against an indorser where the defense is that the notes had been fraudulently raised by the maker after the indorsement, it is proper to admit evidence that the maker had in his possession notes of small amounts with genuine accommodation indorsements of defendant upon them, and that at or near the same time he passed to the plaintiff similar notes with what purported to be defendant’s indorsement but for much larger amounts, which defendant denied having executed in that condition; and it is also proper to admit in evidence a card testified to being in the maker’s writing showing practice in changing figures in the very manner charged by the defendant as having been done upon the note in suit. Promissory notes—Evidence—Declarations. In an action on a promissory note against an indorser where the defense is that the note had been fraudulently raised by the maker after the indorsement, a confession or statement by the maker as to the raising of the amounts of certain notes is inadmissible.