Fowler v. Smith

Citations

• 153 Pa. 639
• 25 A. 744
• 1893 Pa. LEXIS 1162

Syllabus

<p>Charge of the court — Comment on evidence.</p> <p>In charging the jury, it is largely within the discretion of the trial judge as to how much detail shall be entered into; how minute the reference to the testimony shall be, and how extended the discussion.</p> <p>Where the date of a collateral circumstance bearing strongly on the credibility of the main fact in issue is disputed, it is not error for the court in commenting upon the evidence to say that “ it was alleged” that the circumstance occurred in a certain year.</p> <p>Evidence — Competency of witness — JRelationship.</p> <p>In an action by an executor, a brother of the defendant, who was not a party to the suit, and has no interest adverse to plaintiff’s testator, is a competent witness. So far as his relationship affects his character as a witness, it boars upon his credibility and not his competency.</p> <p>Evidence — Satisfaction of judgment — Prior mortgage.</p> <p>On scire facias to revive a judgment, where the defence is that defendant’s mother had paid to plaintiff a sum of money which, though smaller than the judgment, was in full satisfaction of it, evidence of the existence of a mortgage prior to the judgment is immaterial. Any contest on such a point would serve only to divert the attention of the jury from the fact whether the agreement of satisfaction was made or not, to the consideration of whether it was wise or prudent to make it, a matter not within their province to decide.</p> <p>Accord and satisfaction — Payment of judgment by third person.</p> <p>Payment by a third party of a sum of money less than the amount of a judgment, with the understanding that it should be in full satisfaction of the judgment, is a valid accord and satisfaction. In such a case there is a new consideration from a new party, and the rule that the receipt of a smaller sum is not a good accord and satisfaction of a larger one, does not apply.</p>