Holgate v. Brink

Citations

• 66 Pa. Super. 579
• 1917 Pa. Super. LEXIS 320

Syllabus

<p>Promissory notes — Defenses — Conflicting testimony ■ — Case for jury.</p> <p>On the trial of, a Scire facias sur judgment entered on notes, where defendant offers testimony that plaintiff had agreed to apply certain funds which should come into his hands as attorney for plaintiff to the payment of the judgment in suit, evidence may he introduced by the defendant to show that plaintiff had agreed to a different distribution of the fund, and the case on the conflicting testimony is for the jury.</p> <p>Practice, C. P. — New trial — Appeals.</p> <p>Doubted, whether after a retrial of a case and a judgment on the verdict, the action of the court in granting a new trial may be complained of on an appeal after the second trial.</p>