Esbenshade v. Esbenshade

Citations

• 278 Pa. 139
• 122 A. 237
• 1923 Pa. LEXIS 488

Syllabus

<p>Evidence — Suit against decedent’s estate — Loan — Promissory note — Endorsement—Consideration—Declarations of decedent.</p> <p>1. In an action against the estate of a decedent to recover an alleged loan, the mere fact that deceased endorsed a note made by plaintiff, the proceeds of which were paid to a third person, is not sufficient to sustain a recovery, where there is no proof that decedent received any benefit therefrom.</p> <p>2. In such case declarations of decedent not made to plaintiff, and not based upon any apparent consideration, are inadmissible in evidence.</p> <p>3. Bad advice as to an investment creates no legal liability, when such advice is honestly given.</p>