Masser v. Bowen
Supreme Court of Pennsylvania
Error to the Common Pleas of NortJmmlerland county. John Bowen brought an action of assumpsit against Jacob B. Masser. On the trial of this cause the plaintiff gave in evidence various indebtedness by the defendant on note, book account, &c., and closed. The defendant then offered in evidence a check drawn by himself in favour of the plaintiff, endorsed by and paid to him for $150. This was offered as evidence of a payment on the indebtedness to the plaintiff.
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Error to the Common Pleas of NortJmmlerland county. John Bowen brought an action of assumpsit against Jacob B. Masser. On the trial of this cause the plaintiff gave in evidence various indebtedness by the defendant on note, book account, &c., and closed. The defendant then offered in evidence a check drawn by himself in favour of the plaintiff, endorsed by and paid to him for $150. This was offered as evidence of a payment on the indebtedness to the plaintiff. It was objected to by the plaintiff, rejected by the court, and a bill of exceptions sealed at the instance of defendant’s counsel.…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
The plaintiff below having shown that the defendant was indebted to him, we must presume that a payment made to him by the defendant, after such debt accrued, was made on account of the debt. If it was really made on some other account, we must have some evidence of this before we can change the presumption.
A check by the defendant to the plaintiff’s order, endorsed by him and paid, is evidence that the amount of it was paid to the plaintiff on account of such debt as we know to have existed, and it cannot be excluded because the court may…
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- Cassem v. ApplegateSouth Dakota Supreme Court · 1936
- Ellerbeck v. Shank Auto Co.Idaho Supreme Court · 1927
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