Smith v. Shoenberger
Supreme Court of Pennsylvania
Smith v. Shoenberger, 176 Pa. 95 (Pa. 1896)
34 A. 954; 1896 Pa. LEXIS 1047
Collum, Dean, Fell, Mitchell, Williams
Smith v. Shoenberger
Opinion of the Court
The several assignments of error in this case really raise but one question, and that is the sufficiency of the evidence to justify its submission to the jury. The plaintiff’s judgment was more than twenty years old. The defendant relied on the presumption of payment growing out of the lapse of time. The plaintiff attempted to rebut this presumption by the declarations of the defendant tending to show that it was not paid. This evidence was pertinent. Its persuasive value was for tho jury to determine. We see no error in its admission or in the manner of its submission, and the judgment is affirmed.
Reference
- Full Case Name
- Charles Smith, Surviving Partner of the Firm of Jungerich & Smith v. Edwin F. Shoenberger
- Cited By
- 8 cases
- Status
- Published
- Syllabus
- Judgment — Presumption of payment — Evidence—Declarations. On a scire facias to revive a judgment more than twenty years old, whore the defendant relies on the presumption of payment growing out of the lapse of time, declarations of the defendant tending to show that the judgment had not been paid are admissible in evidence, and their persuasive value is for the jury to determine.