Merchants' & Manufacturers' National Bank v. Tinker

Citations

• 158 Pa. 17
• 27 A. 838
• 1893 Pa. LEXIS 1532

Syllabus

<p>Judgment — Fraud— Conspiracy — Evidence.</p> <p>In an action by a creditor against his debtor and another person to whom the debtor has confessed judgment, to recover damages for the loss of the debt caused by an alleged conspiracy between the defendants, the evidence of collusion need not be conclusive, but it must do more than merely raise a suspicion; it must lead to a belief.</p> <p>In such a case the plaintiff offered evidence which tended to show that six of the notes upon which judgment was confessed presided about the same appearance when they were taken to the prothonotary, and in the opinion of expert witnesses had been written about the same time.' It also appeared that the defendant to whom the judgment had been confessed had stated in his return to the assessor that he had no money at interest due him from solvent debtors. On the part of the defendants, checks and bank books were offered showing loans or advances sufficient to support the judgments, and both defendants testified that such loans or advances had been made. This evidence satisfied the trial judge that the judgments were bona fide. Eeld, that under such cireumstauces it was proper to withdraw the question from the jury.</p>