Morrison v. Collins
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE WARREN COUNTY. No. 245 January Term 1889, Sup. Ct.; court below, No. 17 December Term 1887, C. P. On July 9, 1887, an action of assumpsit was brought by William Reed against B. G. Morrison on a note which was as follows: West Hickory, March 4,1871. Due William Reed two hundred dollars, money loaned to pay on land.
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ERROR TO THE COURT OE COMMON PLEAS OE WARREN COUNTY. No. 245 January Term 1889, Sup. Ct.; court below, No. 17 December Term 1887, C. P. On July 9, 1887, an action of assumpsit was brought by William Reed against B. G. Morrison on a note which was as follows: West Hickory, March 4,1871. Due William Reed two hundred dollars, money loaned to pay on land. Witness my hand and seal. [Signed] B. G. Morrison, (L. S.) The defendant pleaded non-assumpsit, payment, set-off, statute of limitations. Issue. On April 24, 1888, the death of the plaintiff was suggested, and O. Collins, W. P. Murray and F. C.…
1Per curiam
The note in controversy was under seal. In such case, the .presumption of payment does nob arise until twenty years have elapsed. At least this is the general rule. There are cases which intimate that a presumption of payment may arise in less than twenty years ; that is to say, there may be such circumstances surrounding a case as would justify a jury in finding the fact of payment within the twenty years. Thus, if it be proved that the holder of the note has been constantly pressed for money, while the maker was abundantly able to pay, such fact, with other circumstances, might justify the…
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