Ritchie v. Deposit & Trust Co.
Supreme Court of Pennsylvania
Appeal, No. 100, Oct. T., 1898, by defendant, from judgment of C. P. No. 3, Allegheny County, Feb. T., 1897, No. 640, on verdict for plaintiff. Assumpsit on a cheek. At the' trial it appeared that the cheek in suit was dated November 4, 1893, and was drawn to the order of the plaintiff for the sum of $2,500. The decedent died on November 11,1895. The check was never presented for payment at the bank, but continuously remained in plaintiff’s possession.
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Appeal, No. 100, Oct. T., 1898, by defendant, from judgment of C. P. No. 3, Allegheny County, Feb. T., 1897, No. 640, on verdict for plaintiff. Assumpsit on a cheek. At the' trial it appeared that the cheek in suit was dated November 4, 1893, and was drawn to the order of the plaintiff for the sum of $2,500. The decedent died on November 11,1895. The check was never presented for payment at the bank, but continuously remained in plaintiff’s possession. The evidence tended to show that the decedent at times gave himself up to prolonged intoxication, and at such times went to plaintiff’s house…
1Opinion of the Court
Pee Cueiam,
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,…
2Cases cited2 opinions
- Lowrey v. RobinsonSupreme Court of Pennsylvania · 1891
- Gettysburg National Bank v. KuhnsSupreme Court of Pennsylvania · 1869
3Cited by6 opinions
- Heller v. FabelSupreme Court of Pennsylvania · 1927
- Keller v. DavisSuperior Court of Pennsylvania · 1936
- Goldstein v. Goldstein (No. 1)Superior Court of Pennsylvania · 1943
- Keller's EstateSupreme Court of Pennsylvania · 1939
- Yeager's EstateSuperior Court of Pennsylvania · 1906
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