Burk & McFetridge's Assigned Estate

Citations

• 205 Pa. 332
• 54 A. 998
• 1903 Pa. LEXIS 572

Syllabus

<p>Payment — Evidence—Burden of proof.</p> <p>Where in proceedings before an auditor appointed to distribute the proceeds of the sale of an assigned estate of an insolvent corporation, a married woman establishes by competent proof that she had loaned money to the corporation, and the auditor finds this as a fact, the burden of showing payment of the debt is on those alleging it; and the positive evidence of the woman and her husband that the debt had not been paid is not overcome by entries in the books of the corporation against the woman made by the defaulting bookkeeper or treasurer of the company, which entries did not show upon what account the payments were made.</p>