Nace v. Hartman

Citations

• 3 Pa. Super. 203
• 1896 Pa. Super. LEXIS 129

Syllabus

<p>Promissory note — Presumption as to its paying a debt.</p> <p>The presumption is that a promissory note received on account of a debt, is intended to amount to payment only conditionally in the event of its being paid, but that presumption can be overcome by evidence, the burden of showing the contrary being upon the party who claims that the acceptance of the note was by way of payment.</p> <p>There being evidence tending to rebut the presumption as to conditional payment the question was one proper and necessary to leave to the jury under adequate instructions.</p> <p>Question for jury — Guarantee by individual partner — Partnership liability. i</p> <p>Where a note of a third person was given in discharge of a partnership liability, the question whether a guarantee, in form an individual one, as to one half of the amount of the note, by one member of the firm, was given to bind the firm, was for the jury under all the circumstances surrounding the transaction, there being evidence tending to support either hypothesis.</p>