Delaney v. Thompson

Citations

• 187 Pa. 343
• 40 A. 1023
• 1898 Pa. LEXIS 814

Syllabus

<p>Equity — Answer—Evidence.</p> <p>The evidence of two witnesses, or one witness and strong corroborating testimony, being necessary to overcome the denial under oath in the answer of the allegations in the bill that plaintiff’s testate executed a transfer in blank of stock, and that the name of his wife was thereafter fraudulently inserted, declarations of testate that he so signed it, and the fact that thereafter dividends were paid by cheeks to his order, and that the amounts were placed to his credit, are insufficient.</p> <p>Equity — Evidence—Findings of fact — Conclusiveness of findings.</p> <p>The Supreme Court will not reverse a decree of the lower court dismissing a bill in equity which was filed to compel a retransfer of stock, where the lower court finds upon sufficient evidence that the owner of the stock directed that the name of the transferee should be inserted in the blank transfer before signing the transfer, and that, after the name of the transferee had been so inserted, he signed the transfer and delivered the certificate to the transferee with the intention of passing the title to her.</p>