McCarty v. Scanlon

Citations

• 187 Pa. 495
• 41 A. 345
• 1898 Pa. LEXIS 832

Syllabus

<p>Promissory notes — Evidence—Province of court and jury.</p> <p>In an action upon a promissory note, the case is for the jury where the purpose for which the note was given is undisclosed, but where the evidence for the defendant tends to show that the purpose, whatever it was, lias been fulfilled, and the plaintiff’s declarations in evidence were in effect that there had been no money consideration for the note; that he did not intend to try to collect any money on it, and the evidence further tended to show that he had repeatedly promised to return it to defendant.</p> <p>Where a defense that there is nothing due on the note in suit is based on testimony of alleged admissions of plaintiff, and the jury are instructed that such testimony should be received with great caution, a request for an instruction that such evidence is the most dangerous that can be admitted in a court of justice, and the most liable to abuse, is properly refused.</p>