Williams v. Drexel

Eccleston, J., delivered the opinion of this court. In this action of assumpsit, instituted by the appellee against the appellant, the declaration contains six common money counts, and a seventh upon a bill of exchange, the latter alleging that Thomas W. Williams, by his bill of exchange, then over due, dated the 4th day of April, 1857, and directed to the defendant, required the defendant to pay to the order of him,, the said Thomas W. Williams, $402.53, five days after-sight,'and endorsed the said bill of exchange to the plaintiff, and that the said defendant on sight of said bill of exchange ⁵⁷¹ accepted the same on the 7th day of April 1857, but did not pay the same. The defendant appeared and plead Pthat she never was indebted to the plaintiff as alleged.” A verdict being given in favor of the plaintiff and judgment rendered thereon, the defendant appealed. The following agreement, signed by counsel for the respective parties has been filed in this court. “It is admitted for the purpose of amending the record in this case, that the bill of exchange mentioned in the record, was endorsed in blank, at the time the witness testified concerning it, and was so endorsed at the time the witness presented it to the defendant, as testified to by him; and that the words, ‘Pay to Francis Drexel or order,’ were written over the endorsement in blank, after the witness had testified, and just before the verdict. “It is also agreed that the appellee may exhibit to the court, the original bill of exchange, with the endorsements thereon, hereto annexed, and that the court may make such alterations in the record from an inspection of the said original paper, as to the court may seem proper, but the appellant does not admit that there is any error in the record.” From an inspection of the original bill the court think, that, in virtue of the above agreement, it is proper so to amend the record as that the name of the drawer, of the payee, and that of the indorser, (Williams,) shall all be written in the same manner, appearing to be the name of the same person, and all apparently in the same handwriting.

At the trial the plaintiff offered in evidence to the jury the bill of exchange, with the acceptance and endorsement, and also the protest. As a witness, Mr. Marshall, testified that the bill of exchange in question was sent to him to collect, as attorney for Mr. Drexel; that witness called upon the defendant at her store, and informed her that he had a claim against her for Mr. Drexel, of Philadelphia, and handed her the bill of exchange; that she examined it, and told witness she had either had ainterview or some correspondence with Mr. Drexel on the sub ⁵⁷² ject before she was called upon by witness; that she expected to get some one in Philadelphia to pay the claim to Mr. Drexel, and would write to Philadelphia on the subject. Witness promised to give the defendant further time to write to Philadelphia before bringing suit, and she said she would let witness know the result. She never said anything afterwards to him, and he brought the suit.

At the time of the above conversation, the defendant had the bill of exchange and examined it, and told witness that it was her acceptance. She recognized it when it was presented to her. Witness asked her if she could pay or secure it then, and she said no, as she was then selling out to close