Berger v. Berger

Citations

• 44 Pa. Super. 305
• 1910 Pa. Super. LEXIS 170

Syllabus

<p>Payment — Assignment of stock — Presumption—Evidence.</p> <p>1. Where shares of stock are transferred by a debtor to a creditor, the presumption is that they are assigned as collateral security for the debt, and not as payment thereof.</p> <p>Equity — Equity pleading — Responsive answer — Setting up new contract.</p> <p>2. An answer responsive to the plaintiff’s bill is conclusive in favor of the defendant unless it is overcome by the satisfactory testimony of two witnesses, or of one witness corroborated by other facts which give it greater weight than the answers, or which are equivalent in weight to two witnesses; but the averment of another subsequent, independent and distinct fact, such as a new and different contract, not stated in the bill is not responsive and therefore not within the rule.</p> <p>3. Where a different contract is set up by the defendant in his answer and it is alleged that the new contract superseded the one set up in the bill, the defendant has the affirmative of the issue on the allegation as to the subsequent matters, and must make proof.</p> <p>4. Where a bill in equity for the reassignment of stock alleged by the bill to have been pledged as collateral, is met by an answer alleging a later transaction by which the stock originally pledged became vested in the defendant in absolute ownership, the burden is on the defendant to prove the later transaction.</p> <p>Evidence — Party dead — Husband and wife.</p> <p>5. Where a husband is incompetent to testify because of the death of the other party to the contract, the wife is also incompetent.</p>