Janvier v. Culbreth

Citations

• 21 Del. 505
• 5 Penne. 505
• 63 A. 309
• 1905 Del. LEXIS 50

Syllabus

<p>Issue to be Tried by Jury,— Whether Anythingis Due From, Defendant to Plaintiff in Certain Judgment in Superior Cowrt— Presumption of Payment—Less Than Twenty Years —Burden on Defendant to Show Payment— What Admissible to Show it— Evidence.</p> <p>i. In the trial of an issue to determine whether anything is due from the defendant to the plaintiff in a judgment in the Superior Court, which has been due for about eighteen years, upon which there are no credits, and where the defense is payment; a witness for the defendant will be permitted to detail a conversation had with the plaintiff at a certain time long after the debt became due, in which the plaintiff said he did not know for what the bond was given upon which the judgment in questian was entered.</p> <p>2. It is immaterial that the party to whose use a part of the judgment was marked had no knowledge that it would be so marked till after it was done.</p> <p>3. In the trial of such issue it is not competent to show that the defendant in the judgment was prompt in the payment of his debts.</p> <p>4. As tending to show that the defendant had in possession property from which the plaintiff might have collected his debt, the assessment records of the county may be admitted in evidence.</p> <p>5. A witness for the defendant will not be permitted to testify that the plaintiff owed him money, to show the financial condition of the plaintiff.</p> <p>6. A witness may be permitted to testify respecting applications made to him by the plaintiff for loans of money, which plaintiff said would save his property from being sold.</p> <p>7. It is competent for the defendant to show that the plaintiff was a close collector of indebtedness due to him, where there has been a long lapse of time since the debt became due, and such lapse of time is relied upon to show payment.</p> <p>8. The defendant cannot introduce testimony respecting the reputation of the plaintiff for honesty and fair dealing.</p> <p>9. A judgment standing up