Stewart v. Gleason
Superior Court of Pennsylvania
Appeal, No. 107, April T., 1903, by defendants, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1902, No. 95, on verdict for plaintiff in case of George W. Stewart and M. L. Stewart, trading as Stewart Brothers & Company, v. F. S. Gleason and W. G. Gleason. Assumpsit on a promissory note.
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Appeal, No. 107, April T., 1903, by defendants, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1902, No. 95, on verdict for plaintiff in case of George W. Stewart and M. L. Stewart, trading as Stewart Brothers & Company, v. F. S. Gleason and W. G. Gleason. Assumpsit on a promissory note. On a rule for a new trial McCltjng, J., filed the following opinion by which the facts appear: This was suit on a note against the makers, the defense being that the signature of defendants to the note was forged. The whole question was submitted to the jury as to whether or not the signature was…
1Opinion of the Court
Opinion by
Rice, P. J.,
When a statute or rule of court provides that the execution of a promissory note in suit shall be taken as admitted unless it is denied by affidavit, the effect of filing such affidavit is simply to cast the burden of proof on the plaintiff; it does not raise aprima facie presumption of forgery which he must over*329come, nor does it require him to furnish more evidence or a higher grade of evidence than he would be required to furnish if the defendant had simply pleaded the general issue and there were no statute or rule of court upon the subject. If he furnishes evidence,…
2Cases cited8 opinions
- Shaver v. EhleNew York Supreme Court · 1819
- Minard v. MeadNew York Supreme Court · 1831
- West Phila. N. Bank v. FieldSupreme Court of Pennsylvania · 1891
- Palmer v. ManningNew York Supreme Court · 1847
- Bowen v. De LattreSupreme Court of Pennsylvania · 1841
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3Cited by2 opinions
- Donohoe's EstateSupreme Court of Pennsylvania · 1922
- Hildebrand v. BurgerSuperior Court of Pennsylvania · 1931