Kline v. Kline
Supreme Court of Pennsylvania
Error to the Common Pleas of Lehigh county. The case of Kline v. Kline was the case of a writ of foreign attachment in debt, issued by Peter Kline v. Michael Kline, on 8th March, 1847. The sheriff returned attached, &c. The plaintiff declared on a bond for $266, dated November 30, 1818, payable on 30th November, 1819. The plea was, payment with leave, &c. It was stated on the paper-book that there was a receipt endorsed' 7th April, 1821, for 43 .cents paid.
Read the full summary
Error to the Common Pleas of Lehigh county. The case of Kline v. Kline was the case of a writ of foreign attachment in debt, issued by Peter Kline v. Michael Kline, on 8th March, 1847. The sheriff returned attached, &c. The plaintiff declared on a bond for $266, dated November 30, 1818, payable on 30th November, 1819. The plea was, payment with leave, &c. It was stated on the paper-book that there was a receipt endorsed' 7th April, 1821, for 43 .cents paid. It was stated that the only question was, whether the evidence in the case was sufficient to rebut the presumption of payment arising…
1Opinion of the Court
The opinion of the Court was delivered by
Woodward, J.
We are of opinion that the Court erred in deciding that the defendant’s residence in Ohio was a sufficient circumstance to rebut the presumption of payment that arose from the lapse of more than twenty years, without suit or demand, after the money became payable. Though not possessing the force of a statutory limitation, which extinguishes the debt and requires a new promise or its equivalent to revive it, the presumption of payment from lapse of time is very strong, and is favored in law as tending to the repose of society and the…
2Cases cited1 opinion
- Ward v. HallamSupreme Court of Pennsylvania · 1794
3Cited by7 opinions
- Gregory's Exrs. v. CommonwealthSupreme Court of Pennsylvania · 1888
- Roach v. CoxSupreme Court of Alabama · 1909
- Corn v. WilsonSupreme Court of Pennsylvania · 1950
- Lefever's EstateSupreme Court of Pennsylvania · 1923
- Porter v. Nelson's Exrs.Supreme Court of Pennsylvania · 1888
2 more not listed; retrieve them via the Exa API.