Allen v. Line

Citations

• 11 Pa. Super. 517
• 1899 Pa. Super. LEXIS 164

Syllabus

<p>Evidence of financial standing — When not admissible.</p> <p>Where suit is brought to recover money advanced, it should not be inferred from the cases allowing the widest latitude in the admission of. evidence in questions of fraud, that it is competent for the defendant to give evidence of the pecuniary inability of the plaintiff, nor is the plaintiff to be allowed to show that defendant was possessed of considerable property. The prejudices of a jury are too easily aroused to justify the introduction of such evidence except in cases where it is clear to the judicial mind that it would affect the credibility of other evidence.</p> <p>Contracts — Illegal consideration — New contract and consideration.</p> <p>The test is whether the consideration for the promise, the breach of which is the cause of action, is a legal or illegal one, and when it appears that it is illegal the action falls ; but a new contract, founded on a new consideration, although in relation to the same subject-matter respecting which there had been unlawful transactions between the parties, is not itself unlawful.</p> <p>Evidence — Rejection of cumulative evidence not error.</p> <p>The appellate court will not reverse for the rejection of evidence, which was also only cumulative, upon an immaterial and undisputed question.</p> <p>Province of court and jury — Preponderance of evidence.</p> <p>It is the duty of the court in the first instance to decide whether there-is enough evidence to be submitted to the jury, and having once submitted it to them, it is their duty to decide on which side lies the preponderance as this depends on the credibility and not the number of witnesses.</p>