Hughes v. Hughes
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This Avas an action of debt, to January Term 1867, by the administrators, &c., of William Hughes, deceased, against the administrator, &c., of Charles D. Hughes, deceased. On the trial, before Hare, A. J., the plaintiffs gave in evidence a bond from Charles D. Hughes to William Hughes, dated September 13th 1843, in the penalty of $2000, conditioned to pay $1000 in four years, with interest.
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Error to the District Court of Philadelphia. This Avas an action of debt, to January Term 1867, by the administrators, &c., of William Hughes, deceased, against the administrator, &c., of Charles D. Hughes, deceased. On the trial, before Hare, A. J., the plaintiffs gave in evidence a bond from Charles D. Hughes to William Hughes, dated September 13th 1843, in the penalty of $2000, conditioned to pay $1000 in four years, with interest. Charles D. Hughes died March 6th 1863 ; William Hughes, who was his father, died November 18th 1865. The defendant, to raise the presumption of payment or…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
That a complete legal presumption of payment of a bond or other instrument of like nature does not arise short of twenty years is well settled; but it has also been well settled that a shorter period aided by circumstances which contribute to strengthen the presumption of payment from lapse of time may be submitted to a jury as grounds for the presumption of the faGt of payment; Webb v. Dean, 9 Harris 29; Tilghman’s Ex’rs. v. Fisher, 9 Watts 442; Power v. Hollman, 2 Id. 218. Slight circumstances may be given in evidence for that purpose in…
2Cases cited1 opinion
- Tilghman v. FisherSupreme Court of Pennsylvania · 1840
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