Gerson v. Pennsylvania Glass Manufacturing Co.

Citations

• 75 Pa. Super. 320
• 1921 Pa. Super. LEXIS 6

Syllabus

<p>Interpleader — Trialr—Tidal by court without a jury — Weight of evidence.</p> <p>Where on the trial of an interpleader in the Municipal Court of Philadelphia by a judge without a jury, the only witness is the father-in-law of the defendant in the execution, who claims that he purchased the goods in good faith, and his testimony is not positive, clear and convincing, the judge is not compelled to adopt it as a statement of fact. Where the inference can be legitimately drawn that the plaintiff was not engaged in business for his own account, but that he was merely assisting the defendant, his son-in-law, in the prosecution of the latter’s venture, and the whole story of the claimant is improbable, a court is not in error in rejecting it and entering judgment for the defendant.</p>