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ROLLER v. JAFFEE. (01/17/57)

January 17, 1957

ROLLER, APPELLANT,
v.
JAFFEE.



Appeal, No. 332, Jan. T., 1956, from order of Court of Common Pleas No. 4 of Philadelphia County, March T., 1956, No. 2290, in case of Caroline Roller v. Isadore H. Jaffe et ux. Order reversed.

COUNSEL

Charles S. Schermer, with him David R. Rosenwald, for appellant.

Jacob B. Abrams, for appellees.

Before Stern, C.j., Jones, Bell, Chidsey, Musmanno and Arnold, JJ.

Author: Bell

[ 387 Pa. Page 502]

OPINION BY MR. JUSTICE BELL

Plaintiff instituted an action in assumpsit on a promissory note, not under seal, in the principal amount of $10,000. The note was executed on January 2, 1951, by the two defendants, Isadore and Lenor Jaffe, who are husband and wife. The note reads as follows:

"$10,000.00

January 2 - 1951 ... after date I promise to pay to the order of Caroline Roller ... ten thousand ... xx Dollars at if requested after January 2 - 1952.

Without defalcation, for value received with interest at ... per cent per annum.

No. ... Due Jan. 2 - 1952.

Lenor Cutting ...


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