Stockwell v. Webster
Supreme Court of Pennsylvania
Appeal, No. 156, Jan. T., 1894, by plaintiff, U. G. Stockwell, from order of G. P. Lackawanna Co., Jan. T., 1893, No. 390, making absolute rule to open judgment. Rule to open judgment.
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Appeal, No. 156, Jan. T., 1894, by plaintiff, U. G. Stockwell, from order of G. P. Lackawanna Co., Jan. T., 1893, No. 390, making absolute rule to open judgment. Rule to open judgment. Before Smith, J. From the depositions taken in support of the rule it appeared that, on Oct. 31, 1892, defendant obtained from plaintiff $250 in cash, giving plaintiff therefor his, defendant’s, judgment note, under seal, payable Nov. 15, 1892. At the same time they agreed in writing that if defendant, before the note fell due* should deliver to plaintiff the Delaware, Lackawanna & Western Railroad Company’s…
1Opinion of the Court
Per Curiam,
We concur in the conclusion reached by the court below in this case. The evidence taken upon the rule to show cause raised a question of fact which it was proper to refer to a jury for adjustment. While a judgment should not be opened, as a general rule, upon the oath of the defendant alone when he is contradicted by the testimony of the plaintiff, yet where there *475are corroborating circumstances, or circumstances from which inferences may be drawn corroborative of the defendant, it is usual to open the judgment and refer the questions to a jury.
The order appealed is affirmed.
2Cited by7 opinions
- Deviney v. LynchSupreme Court of Pennsylvania · 1953
- Cloud v. MarkleSupreme Court of Pennsylvania · 1898
- Pfaff v. ThomasSuperior Court of Pennsylvania · 1897
- Lee ex rel. Walker v. SalladaSuperior Court of Pennsylvania · 1898
- Hotaling v. FisherSuperior Court of Pennsylvania · 1922
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