Cunningham v. Crucible Steel Casting Co.

Citations

• 56 Pa. Super. 568
• 1914 Pa. Super. LEXIS 122

Syllabus

<p>Debtor and creditor — Corporation—Evidence—Husband and wife— Competency of witness — Act of May 88,1887, sec. 5, P. L. 158.</p> <p>1. In an action by a married woman against a corporation to recover</p> <p>for money had and received, the plaintiff put in evidence a check for $1,000 drawn by her father to her order, indorsed by her to the order of the company defendant, and indorsed by her husband, the treasurer of the company. She also showed that this check was deposited in bank to the credit of the company and was paid. She testified further that she had borrowed the $1,000 from her father, and that she had loaned it to the company. The defendant offered evidence tending to show that the company received the money not as a loan, but in part payment of shares of capital stock of the company for which plaintiff’s husband had subscribed, and for which he subsequently received certificates. The evidence also tended to show that plaintiff neither received nor asked for any obligation as evidence of the alleged debt nor did she receive or demand interest, although she knew that the company was able to pay it; that balance sheets showing the indebtedness of the company, and to whom owing, but omitting her name as a creditor were from time to time presented at stockholders’ meetings at which she was present, and no objection was raised by her; and that no demand had been made by her upon the company, or notice given by her of the claim until suit was brought, which was about five years after the date of the alleged loan. Held, that the case was for the jury, and that the trial judges committed no error in calling to the jury’s attention the various circumstances tending to negative the plaintiff’s claim. -*</p> <p>2. In such a case it is not error to permit the defendant’s bookkeeper to testify that he entered the check in the company’s cashbook on a date stated crediting the plaintiff’s husband with the money.</p> <p>3. The plaintiff will not be permitted in such a ca