Craig v. Craig
Supreme Court of Pennsylvania
IN ERROR. This case came before the court on a writ of error to the court of Common Pleas of Northampton county. From the record, which was returned with three bills of exceptions to the opinion of the court below on points of evidence, it appeared, that Charles Craig, the defendant in error, brought this action of assumpsit against his brother Thomas Craig§un. the plaintiff in error, to recover the proportion alleged to be due from him of two bonds, in which they were…
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IN ERROR. This case came before the court on a writ of error to the court of Common Pleas of Northampton county. From the record, which was returned with three bills of exceptions to the opinion of the court below on points of evidence, it appeared, that Charles Craig, the defendant in error, brought this action of assumpsit against his brother Thomas Craig§un. the plaintiff in error, to recover the proportion alleged to be due from him of two bonds, in which they were jointly bound to their father General Thomas Craig, the whole of which Charles alleged he had paid. On the trial in the court…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
That the production of the debtor’s own bond is evidence of satisfaction, cannot be controverted, because his possession of it is consistent with no other presumption. And it is evidence of satisfaction by the debtor himself, because in the usual course of transactions men pay no debts but their own. All this is strictly predicable oí a security payable by but one. But the production of a bond by one of several obligors is no evidence that he has paid the whole, because being incapable of manual possession by all, the custody of it by any…
2Cases cited1 opinion
- Maclay's Lessee v. WorkSupreme Court of Pennsylvania · 1823
3Cited by1 opinion
- Brady v. BradyCourt of Appeals of Maryland · 1909