Kircher v. Sprenger

Citations

• 4 Pa. Super. 38
• 1897 Pa. Super. LEXIS 78

Syllabus

<p>Promissory note given by widow for husband's debt — Consideration.</p> <p>A noto given by a widow for the payment of a debt due from her deceased husband’s estate, which estate is insolvent, is void in law without a new consideration; and such consideration will not be raised by an agreement on the part of the creditor that the note will be renewed from time to time after maturity: Leonard v. Duffin, 94 Pa. 218; Bentley v, L^mb, 112 Pa. 480, distinguished.</p> <p>Question for jury — Evidence—Oral statement of interested witness.</p> <p>Where in an action brought on a note given by the widow for the husband’s debt the case turns on the insolvency of the husband’s estate, although the weight of the evidence may very strongly indicate his insolvency at the time of his death, yet when it depends entirely upon the widow’s testimony, since her credibility is a question wholly within the province of the jury it should have been submitted to them to pass upon, and it was error for the court to direct a verdict for defendant.</p>