Jacques v. Fourthman

Citations

• 137 Pa. 428
• 20 A. 802
• 1890 Pa. LEXIS 984

Syllabus

<p>1. A peremptory nonsuit is in the nature of a judgment for the defendant on demurrer to evidence; and, if there is any evidence, more than a mere scintilla, which would justify an inference of the disputed fact upon which the plaintiff’s right to recover depends, it must be submitted to the jury: Hill v. Trust Co., 108 Fa. 1.</p> <p>2. When the plaintiff claimed properly in notes as a gift from her deceased brother, and proved her possession of them immediately after his death, with evidence of acts and declarations of the deceased in his lifetime, and other circumstances, appropriate to a gift of them, as alleged, it was error to refuse to submit the question of fact to the determination of the jury.</p>