Paige v. Paige
Superior Court of Pennsylvania
Appeal, No. 158, Oct. T., 1912, by defendant, from judgment of C. P. No. 2, Pbila. Co., March T., 1911, No. 3,800, on verdict for plaintiff in case of George W. Paige, Executor of the last will and testament of Mary A. Wilmarth, v. Arthur E. Paige. Assumpsit for money had and received. Before BarRATT, J. At the trial it appeared that the defendant was indebted to his aunt, Mary A. Wilmarth, on a transaction between her and himself.
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Appeal, No. 158, Oct. T., 1912, by defendant, from judgment of C. P. No. 2, Pbila. Co., March T., 1911, No. 3,800, on verdict for plaintiff in case of George W. Paige, Executor of the last will and testament of Mary A. Wilmarth, v. Arthur E. Paige. Assumpsit for money had and received. Before BarRATT, J. At the trial it appeared that the defendant was indebted to his aunt, Mary A. Wilmarth, on a transaction between her and himself. He produced at the trial the following receipt and proved its genuineness by two witnesses. “Received from Arthur E. Paige, Trustee, the sum of $1,100 being the…
1Opinion of the Court
Opinion by
Henderson, J.,
The defendant relied on a receipt for his acquittance of liability to the plaintiff. It purported to be a receipt signed by Mary A. Wilmarth for the entire debt which was the basis of the action and specifically identified the certificate of indebtedness on which the plaintiff claimed. Mrs. Wilmarth being dead the defendant was compelled to resort to evidence of the genuineness of her signature, and the testimony on this point justified the admission of the receipt as evidence. If the receipt was genuine it shifted the burden of proof, and to support a recovery the…
2Cases cited2 opinions
- In re Estate of RhoadsSupreme Court of Pennsylvania · 1899
- Harris v. HaySupreme Court of Pennsylvania · 1886
3Cited by6 opinions
- Snyderwine v. McGrathSupreme Court of Pennsylvania · 1941
- Schwarz v. PhiladelphiaSupreme Court of Pennsylvania · 1939
- Haze v. Home Friendly Insurance Co. of MarylandSuperior Court of Pennsylvania · 1937
- Stroh v. HolmesSuperior Court of Pennsylvania · 1924
- Sadler's EstateSupreme Court of Pennsylvania · 1956
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