Hart v. Bucher
Supreme Court of Pennsylvania
Appeal, No. 425, Jan. T., 1897, by plaintiff, from judgment of C. P. Lancaster Co., Dec. T., 1893, No. 28, on verdict for defendant. Scire facias sur mortgage. Before Brubaker, J. The facts are substantially the same as those which appeared in the previous report of the case in 182 Pa. 604. The court charged in part as follows : [This presumption is prima facie evidence of payment; it is a strong presumption.
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Appeal, No. 425, Jan. T., 1897, by plaintiff, from judgment of C. P. Lancaster Co., Dec. T., 1893, No. 28, on verdict for defendant. Scire facias sur mortgage. Before Brubaker, J. The facts are substantially the same as those which appeared in the previous report of the case in 182 Pa. 604. The court charged in part as follows : [This presumption is prima facie evidence of payment; it is a strong presumption. The lapse of time can be explained bjr the plaintiff by sufficient evidence on his part to rebut the presumption. The presumption may be rebutted by showing direct payments, or by…
1Opinion of the Court
Per Curiam,
When this case was here before, we held that the credits indorsed on the bond, in the handwriting of the obligee, were not sufficient to rebut the presumption of payment unless it wa.s affirmatively shown that the indorsements were made- within twenty years, and at a time when it was against the interest of the obligee to make them : Hart v. Bucher, 182 Pa. 604. That principle was correctly applied on the second trial.
There is nothing in any of the twelve specifications of error that would justify a reversal of the judgment; nor do we think any of them requires discussion.
The case…
2Cases cited1 opinion
- Hart v. BucherSupreme Court of Pennsylvania · 1897