Davidson v. of Young

Citations

• 167 Pa. 265
• 31 A. 557
• 1895 Pa. LEXIS 891

Syllabus

<p>Judgment — Issue to determine validity of judgment — Parol evidence</p> <p>On an issue between an executor and a son of testator to determine the validity'of a judgment against the son in favor of testator, the case is for the jury where the parol evidence on behalf of plaintiff tends to show that at the time the judgment was given it was verbally agreed that it was merely to secure the father’s support in case he met with reverses, and that no portion of it was ever td be collected unless he needed it for that purpose.</p> <p>In such a case it is not improper for the court to charge the jury that, “if the parties entered into that arrangement, although there was no fraud, accident or mistake, and Reuben Young or his executor afterwards undertook to use the bond for a purpose that was not contemplated, and contrary to the agreement of the parties at the time the bond was executed, then we say that the defendant would be entitled to recover, for that would be a fraud.”</p>