Horrell v. Reeves

Citations

• 72 Pa. Super. 129
• 1919 Pa. Super. LEXIS 266

Syllabus

<p>Promissory notes — Endorser—Fraud—Act of May 16, 1901, P. L. 19k — Question for jury.</p> <p>In an action by an endorsee against the makers of a promissory note, where the defendants show that the note was procured from them by fraud, the burden is upon the endorsee to show affirmatively that he was an innocent purchaser for value without knowledge of the fraud. If, assuming such burden, the plaintiff testifies that he received the note in payment of a preexisting debt, the case must go to the jury to permit it to pass upon the credibility of the witness. When the establishment of a question of fact depends upon oral testimony, the credibility of the witness is for the jury alone, and it is its exclusive province to determine whether from such testimony the fact in dispute has been established.</p>