Berkowitz v. Palruba Mfg. Co.

Citations

• 68 Pa. Super. 559
• 1917 Pa. Super. LEXIS 172

Syllabus

<p>Trial — Trial by judge without a jury — Capricious disbelief of evidence — Municipal Court of Philadelphia.</p> <p>Where on the trial of an interpleader in the Municipal Court of Philadelphia by a judge without a jury, the only witness is a son of the defendant in the execution, who' claims that he purchased the goods in good faith at a constable’s sale, the judge is not to indulge in an unwarranted disbelief of the witness and find for the defendant, if the uncontradieted testimony of the claimant is not improbable in itself, nor at variance with any proven or admitted facts, or contrary to ordinary experience, and there is no reasonable ground to doubt the candor of the witness.</p>