Lash v. Von Neida
Supreme Court of Pennsylvania
Writs of Error to the Court of Common Pleas of Berks county: Of January Term 1885, Nos. 245, 247, 246. Debt, by Simon P. Von Neida, administrator of Thomas Vanderslice, deceased, against Isaac R. Lash, upon a bond given by defendant to decedent dated June 21st, 1854, for the payment of $1,000, on April 1st, 1855. Upon this bond were indorsements of payments of interest from time to time up to 1882, in the handwriting of Thomas Vanderslice, and signed by him.
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Writs of Error to the Court of Common Pleas of Berks county: Of January Term 1885, Nos. 245, 247, 246. Debt, by Simon P. Von Neida, administrator of Thomas Vanderslice, deceased, against Isaac R. Lash, upon a bond given by defendant to decedent dated June 21st, 1854, for the payment of $1,000, on April 1st, 1855. Upon this bond were indorsements of payments of interest from time to time up to 1882, in the handwriting of Thomas Vanderslice, and signed by him. Debt, by same against same, upon a note under seal dated April 1st, 1868, for $690, payable one day. after date, with payment of $80…
1Opinion of the CourtJustice Paxson
LASH v. VON N ET D A, No. 245.
Judgment was entered against the defendant below for want of a sufficient affidavit of defence. The bond upon which suit was brought was dated in 1854. The copy filed liad various payments indorsed thereon commencing in 1855 and ending in Í882. The credits are no part of the bond and aro not evidence of such payments until proved. Before they can have any force to rebut the presumption of payment which arises after the lapse of twenty years, it must be proved that they were made when it was against the interest of the obligee to make thorn: i, e. before the…
2Cases cited1 opinion
- Addams v. SeitzingerSupreme Court of Pennsylvania · 1841
3Cited by4 opinions
- Corn v. WilsonSupreme Court of Pennsylvania · 1950
- Carter v. Ridge Turnpike Co.Supreme Court of Pennsylvania · 1904
- Appeal of RunnerSupreme Court of Pennsylvania · 1888
- Appeal of BrenemanSupreme Court of Pennsylvania · 1888