Bunnell v. Kintner

Citations

• 27 Pa. Super. 605
• 1905 Pa. Super. LEXIS 113

Syllabus

<p>Evidence — Rebuttal—Judgment note — A Iteration.</p> <p>On the trial of an issue to determine the validity of a judgment entered on a judgment note, if the trial judge admits the note in evidence against the objection of the defendant that there were material alterations on the face of the note, the plaintiff may rest on the prima facie case made out. If the defendant then introduces evidence tending to show material alterations on the face of the note above the signature, whose genuineness is admitted, the plaintiff may in rebuttal offer evidence to sustain the validity of the note. The defendant cannot object to such evidence as improper in rebuttal on the ground that it was part of the plaintiff’s case in chief and should have been offered at the opening of plaintiff’s case.</p> <p>In such a case if no error is assigned to the admission of the note, the appellate court will not pass upon the correctness of the ruling, although the original note is produced at the argument on the appeal.</p>