James Bonar & Co. v. South Penn Oil Co.

Citations

• 47 Pa. Super. 315
• 1911 Pa. Super. LEXIS 156

Syllabus

<p>Attachment execution — Garnishee—Admissions—Evidence.</p> <p>1. On the trial of an attachment execution where it appears that the answers of the garnishee to interrogatories contained admissions sufficient to make out a prima facie case for plaintiff, the latter is entitled to avail himself of such admissions; although they are coupled with self serving declarations alleging that the liability which would otherwise exist had been avoided or released; and the same rule applies to the testimony of a witness called by the plaintiff as for cross-examination where the testimony of such witness contains admissions of liability by the garnishee, although coupled with denials of liability.</p> <p>2. On the trial of an attachment execution where the answers to interrogatories admit a contract between the defendant in the execution and the garnishee for machinery, and that the garnishee had paid all, except a certain sum stated, of the purchase price, but deny liability as to such sum, because the machinery had not been properly installed and because of a breach of warranty, the court commits error in entering a compulsory nonsuit and refusing to take it off, because the plaintiff relied upon nothing more than the admissions contained in the answers. In such a case the plaintiff makes out a prima facie case by the admissions, and the burden of proof is then cast upon the garnishee to prove the matters of defense stated in the answers.</p>