Egbert v. Payne
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Orawford county : Of October and November Term 1881, No. 318. Feigned issue, between N. IT. Payne, plaintiff, and M. O. Egbert, defendant, to determine the ownership of a sum of $1,883.12, deposited in the Second National Bank of Titusville,! to the credit of Payne, and by the .said bank paid into court.
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Error to the Court of Common Pleas of Orawford county : Of October and November Term 1881, No. 318. Feigned issue, between N. IT. Payne, plaintiff, and M. O. Egbert, defendant, to determine the ownership of a sum of $1,883.12, deposited in the Second National Bank of Titusville,! to the credit of Payne, and by the .said bank paid into court. On the trial, before Church, P. J., the facts appeared to be substantially as follows : For some years prior to August 1870, the firm of Egbert & Brown, of which the defendant was a member, were large dealers in and producers of oil. The office of the…
1Opinion of the CourtJustice Sterrett
*244The single question of fact involved in this feigned issue was, whether the money deposited in the Second National Bank of Titusville, January 28th 1870, to the credit of Payne, the plaintiff below, belonged to him, or to Egbert, the defendant.
The deposit having been made in the name, and to the credit, of Payne, the money was prima facie his ; and the burden was thus cast on Egbert of proving that it belonged to himself and not to the plaintiff below. He undertook to do this by proving that the money was deposited by himself, as was shown by the deposit slip in his own handwriting, and by…
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