King v. Burns

Citations

• 63 Pa. Super. 555
• 1916 Pa. Super. LEXIS 212

Syllabus

<p>Judgment — Opening judgment — Evidence—Lapse of time.</p> <p>A judgment on a verdict in favor of tbe plaintiff on an issue to determine the amount due on a judgment note dated May 19, 1894, payable three months after date, and entered October 25, 1913, by the trustees of the deceased payee’s estate against two joint makers, will not he reversed where the evidence is fairly submitted to the jury with instructions that the burden of proving that the note had been paid is on the defendant, that the mere lapse of time less than twenty years does not raise a legal presumption of payment, and that in order to create a presumption of payment in fact there must be persuasive evidence of payment in addition to lapse of time.</p> <p>In such a case testimony in regard to admissions or statements made of payments,-are to be received with caution, especially where the party who is said to have made them is dead.</p>