Psinakis v. Psinakis

Opinion by

Ervin, J.,

The principal question involved in this appeal is the competency of the plaintiff (appellee here) to testify that his claim has not been paid contrary to the provisions of Sec. 5, Clause (e), of the Act of May 23, 1887, P. L. 158, 28 P.S. 322, commonly known as the “dead man’s rule.”

This is a suit in assumpsit in which plaintiff sued the administratrix of the estate of his deceased brother to recover the sum of $3,307.50 which plaintiff paid for certain stock ordered by the deceased brother before he departed for Europe.

Plaintiff offered into evidence the pleadings wherein…