Legal Opinion

Thomas v. Law

Superior Court of Pennsylvania

Decided April 18, 1904No. Appeal, No. 59Published

Appeal, No. 59, Jan. T., 1904, by defendant, from judgment of C. P. Luzerne Co., Dec. T., 1900, No. 489, on verdict for plaintiff in case of J. N. Thomas v. John B. Law. Assumpsit on promissory notes. Before Little, P. J., specially presiding.

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Appeal, No. 59, Jan. T., 1904, by defendant, from judgment of C. P. Luzerne Co., Dec. T., 1900, No. 489, on verdict for plaintiff in case of J. N. Thomas v. John B. Law. Assumpsit on promissory notes. Before Little, P. J., specially presiding. At the trial the defendant sought to establish by his own testimony alone a set-off for services alleged to have been rendered to plaintiff under an agreement that the compensation for such services should be applied upon the debt represented by the notes in suit. Defendant denied the agreement. Plaintiff presented two points, both of which were…

1Opinion of the Court

Opinion by

Rice, P. J.,

This was an action upon two promissory notes. The defense, in great part, was set off for services alleged to have been rendered by the defendant for the plaintiff, at the latter’s request, under an agreement that the defendant’s compensation therefor should be applied upon the indebtedness represented by the notes. The defendant’s testimony in support of this claim was contradicted by that of the plaintiff. The court charged: “ The burden of proof is on the defendant, and where the evidence in behalf of the respective parties is so evenly balanced that the jury cannot…

2Cases cited3 opinions

  1. Braunschweiger v. WaitsSupreme Court of Pennsylvania · 1897
  2. Shaffer v. ClarkSupreme Court of Pennsylvania · 1879
  3. Weaver v. CraigheadSupreme Court of Pennsylvania · 1883

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