White v. White
Supreme Court of Pennsylvania
White v. White, 200 Pa. 565 (Pa. 1901)
50 A. 157; 1901 Pa. LEXIS 533
Fell, McCollum, Mestrezat, Mitchell, Potter
White v. White
Opinion of the Court
We are satisfied from our examination of the testimony in this case that it was for the consideration of the jury, and if credited by them it was sufficient to overcome the presumption of payment. The case was carefully submitted to the jury under instructions which were unobjectionable. We find no error in either of the specifications and we therefore affirm the judgment entered on the verdict.
Judgment affirmed.
Reference
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- Syllabus
- Bond—Presumption of payment—Rebuttal of presumption—Evidence— Question for jury. In an action by a daughter against her father’s executors on a bond under seal dated twenty years before the bringing of the suit, the question whether the presumption of payment has been rebutted is for the jury, where the evidence is in effect that the deceased was a man of property able to pay the bond in his lifetime, and that the plaintiff never mentioned the bond until after her mother’s death, which occurred ten years after her father’s death, but a brother of the plaintiff testifies that his father told his mother in the presence of the mother, plaintiff and himself, “I have no money to pay the interest to L. on the $2,700 bond I owe her,” and that this remark was repeated within a year of the father’s death.