Newburger v. Central Trust & Savings Co.

Citations

• 66 Pa. Super. 507
• 1917 Pa. Super. LEXIS 306

Syllabus

<p>Sheriff’s interpleader — Execution—Evidence.</p> <p>Where an execution is issued on a judgment against two persons trading under a general name, and a stock of goods levied upon is claimed by a third person, and an interpleader issue is framed, th^ claimant is entitled at the trial of the issue to offer in evidence a lease to himself of the premises wherein were the goods levied upon, bills tending to show sale and delivery of the goods to himself, burglary and other insurance to himself, covering the goods, and a mercantile license for the year issued to himself.</p> <p>In such a ease where the claimant relies upon the testimony of one of the defendants in the execution, who testifies that the claimant was the owner of the goods, the plaintiff in the execution may in rebuttal produce in evidence the statement of claim and affidavit of defense in the suit in which his judgment was recovered, to show that the witness, in the affidavit of defense, swore that the property belonged to himself and the other defendant in' the judgment. The court could not give binding instructions for the claimant on the documentary evidence, inasmuch as the oral testimony of the witness was required to complete the claimant’s title. The case was therefore for the jury.</p>