Colonna v. Morrissey

Citations

• 72 Pa. Super. 200
• 1919 Pa. Super. LEXIS 281

Syllabus

<p>Attachment execution — Proof of debt of garnishee — Payment by promissory note — Evidence.</p> <p>On the trial of an issue raised in an attachment-execution, where the only evidence of the debt of the garnishee, is the testimony of the latter, to the effect that prior to the-attachment, he owed the debtor a certain sum, which he paid with a promissory note, which was afterwards discounted in due course, it is error, in the absence of any proof of fraud, to submit to a jury, the questions of whether or not the note was given in payment of the original debt upon the day it bore date, and whether the note was paid, when it became due, to a bona fide holder without notice before its maturity.</p> <p>Money owing upon a promissory note is liable to be attached in the hands of the maker before maturity at the suit of a creditor of the payee or holder, but such attachment is subject to the rights of a bona fide holder for value without notice.</p> <p>Promissory notes — Fraud—Presumption.</p> <p>Fraud is not to be presumed, in the absence of any evidence or circumstances tending to warrant a finding that it exists.</p>