McIvor v. Hynes

Citations

• 248 Pa. 544
• 94 A. 230
• 1915 Pa. LEXIS 608

Syllabus

<p>Contracts — Written admission of liability — Evidence—Contradiction by parol — -Judgment for plaintiff n. o. v.</p> <p>In an action on a judgment note upon which judgment had been entered and subsequently opened, it appeared that defendant was the record owner of certain real estate belonging to plaintiff, and had executed an unrecorded declaration of trust in her favor, and that defendant had raised money upon the security of mortgages on the said property. Plaintiff claimed that defendant received for his own use the money so borrowed and that the judgment note had been given to secure the repayment thereof and the faithful performance of the declaration of trust. Defendant claimed that the money raised upon mortgage had been paid over to plaintiff but his testimony was contradicted by written statements which he had made corroborating plaintiff’s version of the transaction. The trial judge submitted the case to the jury which found a verdict for defendant upon which judgment was entered. Held, that in the absence of evidence that defendant had executed the writings through fraud, accident or mistake, he should not have been allowed to contradict them by parol and judgment was entered for plaintiff n. o. v.</p>