Long v. Rhoads

Citations

• 126 Pa. 378
• 17 A. 622
• 1889 Pa. LEXIS 882

Syllabus

<p>(a) In an action of assumpsit, the plaintiff filed a narr and bill of particulars averring in substance that the defendant sold land of plaintiff, had taken the security for the purchase money in his own name and fraudulently refused to collect thereon, that he might profit by the high rate of interest paid: the defendant pleaded payment, and payment with leave and set-off, but gave no notice of special matter.</p> <p>(&) At the trial, plaintiff proved and put in evidence a receipt for a deed to be delivered, wherein defendant agreed to pay plaintiff $1,100 less expenses, as the payments of the purchase money on the land were made to him; that defendant had sold the land, delivered the deed, received interest from the purchaser, and from time to time promised to pay plaintiff his share of the purchase money and interest.</p> <p>(c) The defendant offered to prove that the security he had taken for the purchase money was not good and could not be collected; this offer was refused. The defendant offering no evidence to prove payment, the court instructed the jury that under the pleadings, and the evidence if believed, the plaintiff was entitled to recover.</p> <p>1. Under the pleadings and evidence in this case, there was no error in the instruction of the court to the jury: there was nothing in the above receipt which would justify the defendant in accepting a mortgage for the purchase money in his own name, and holding the same for several years; wherefore, the question of the value of said mortgage was immaterial.</p>