Johnson v. Hernig

Citations

• 53 Pa. Super. 179
• 1913 Pa. Super. LEXIS 150

Syllabus

<p>Promissory notes — Payment—Evidence—Credibility of witness — Case for jury.</p> <p>1. In an action of assumpsit where the issue turns upon the plaintiff's testimony, and this is not clear, convincing and free from uncertainty, the question of the credibility of the plaintiff is in issue, and must be submitted to the jury.</p> <p>Payment — Mistake—Promissory note.</p> <p>2. The mere mistake of a debtor as to the grounds of his liability cannot relieve him from the consequences of his voluntary payment of the debt he owes, and entitle him to recover back the money.</p> <p>3. One who voluntarily pays money with full knowledge or means of knowledge of all the facts without any fraud having been practiced upon him, cannot recover it back by reason of the payment having been made in ignorance of law.</p>