Supreme Court of Pennsylvania, 1831

Buffington v. Turnpike Co.

Buffington v. Turnpike Co.
Supreme Court of Pennsylvania · Decided September 15, 1831
3 Pen. & W. 71

Buffington v. Turnpike Co.

Opinion of the Court

Per Curiam.

The tender of a certificate was not a condition precedent to an action for the price of the stock; but it is not easy to see on what principle of evidence the credit in the plaintiff’s own 'book was rejected. It was prima facie evidence of payment: and though it might be rebutted, it was certainly competent- in .the first instance. "

Judgment reversed and .a venire de novo awarded.

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