Morrison v. Collins

Citations

• 127 Pa. 28
• 17 A. 753
• 1889 Pa. LEXIS 1075

Syllabus

<p>1. In an action upon a note under seal, brought within twenty years from the time the right of action accrued, the burden is upon the defendant to prove payment, or facts and circumstances from which the jury may properly infer payment.*</p> <p>2. In such action, the fact that the holder was constantly pressed for money, while the defendant was abundantly able to pay, with other circumstances, might justify the presumption of payment within the twenty years, yet such presumption would not arise from the single fact that the defendant was able to pay.</p> <p>3. The fact that in a settlement of open accounts between the parties, about six yeai'S after the date of the note, a balance equal to the amount of the note was found in favor of the maker, while not establishing a set-off, because of the statute of limitations, was yet admissible as tending to establish payment.</p>