Jack v. Moyer

Citations

• 187 Pa. 87
• 40 A. 1013
• 1898 Pa. LEXIS 774

Syllabus

<p>Banks and banking — Overdraft—Evidence.</p> <p>In an action by a bank against a depositor to recover an overdraft upon an entire account, it is proper to admit in evidence the bank book showing the settlement and all the vouchers sustaining it, such as checks, drafts and notes; and the bank is entitled to have the whole account as thus shown submitted to the jury.</p> <p>Evidence — Competency of witness — Party dead — Act of May 23, 1887.</p> <p>Under the Act of May 23, 1887, P. L. 158, sec. 5, clause e, a partner of a defendant firm is incompetent to prove a contract made by himself with a dead member of the plaintiff firm, in order that his firm and, consequently, himself, may escape a liability to which, upon the face of the plaintiff’s claim he and his partners are otherwise liable.</p>