Engle v. Betz

Citations

• 214 Pa. 185
• 63 A. 457
• 1906 Pa. LEXIS 623

Syllabus

<p>Promissory notes — Judgment note — Possession of note — Evidence—Decedents’ estates — Province of court and jury.</p> <p>In an action of assumpsit by an executrix there was evidence that the plaintiff’s testatrix had made a .loan to a corporation of which the defendant was treasurer, and that the defendant had agreed to assume this indebtedness, and gave to testatrix a judgment note of his own for the amount which had been loaned to the company. At the trial the note was found to be in the possession of the defendant. There was also evidence that after the note was given, defendant had assigned to the testatrix an interest in his father’s estate. The assignment recited that it was made to secure the payment of a loan made to defendant by testatrix in a sum which was the same as the amount of the judgment note, and of the original loan to the corporation. The defendant was not permitted to testify, and there was no other evidence in the case. The court entered judgment for defendant on a question of law reserved. The six judges who heard the case on appeal were equally divided in opinion, and the judgment was affirmed.</p>