Ritchie v. Deposit & Trust Co.
Ritchie v. Deposit & Trust Co.
Opinion of the Court
The mere possession of the check by the plaintiff, to whose order it was drawn, was presumptive evidence that it was given in payment of a debt, or was given for cash received for it at the time: Gettysburg National Bank v. Kuhns, 62 Pa. 88; Lowrey v. Robinson, 141 Pa. 189, and many other cases. In addition to this presumption there was considerable proof of a consideration of boarding, nursing and attendance on a number of occasions. The learned court below left it to the jury to say whether the check was given in the circumstances claimed by the plaintiff and for a consideration, or whether it was given without any consideration or for a partial consideration, charging that if it was given without any consideration they should find a verdict for the defendant, and if for a partial consider
Judgment affirmed.
Reference
- Full Case Name
- Mrs. Annie Ritchie v. The Deposit & Trust Company of Pittsburg, Administrator of Joseph C. Euwer
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- Chech—Presumption—Evidence. The mere possession of a check by one to whose order it is drawn is presumptive evidence that it was given in payment of a debt, or for cash received at the time. Chech—Consideration—Question for jury. In an action against an administrator on a check given by the decedent in his lifetime to the order of the plaintiff, the case is for the jury where it appears that the check continuously remained in the possession of the plaintiff, and there is considerable proof of a consideration of boarding, nursing and attendance on a number of occasions. In such a case the jury may be properly instructed that if they find there was only a partial consideration they may return a verdict to that extent only.