Lauer v. Yetzer

Citations

• 3 Pa. Super. 461
• 1897 Pa. Super. LEXIS 42

Syllabus

<p>Promissory note — Novation—Burden of proof.</p> <p>Where a creditor accepts the note of a third person in payment of his debt a novation takes place, but the mere acceptance of such note, however, does not constitute a novation without some evidence that it was taken in satisfaction oí the debt. The burden of proof is upon the party asserting the novation.</p> <p>Practice, O. P. — Discretion of court as to evidence after case is closed.</p> <p>To admit or exclude additional evidence after the evidence is formally closed, is a matter within the discretion of the trial court; and the appellate court will not reverse the decision unless there has been a very plain abuse of discretion.</p> <p>Practice, G. P. — Charge of court — Failure to rehearse and comment on evidence.</p> <p>Where a case turns upon a single question of fact, which is, whether one of the parties made a certain express promise, and the trial judge accurately and plainly states the question, and fairly submits it to the jury, he cannot ordinarily be convicted of error because he did not rehearse the evidence on the one side and the other, and comment on the bearing of the particular corroborating circumstances where he was not requested to do so.</p>