Phœnix Brewing Co. v. Weiss

Citations

• 23 Pa. Super. 519
• 1903 Pa. Super. LEXIS 105

Syllabus

<p>Promissory notes — Notice of protest — Mailing notice.</p> <p>The fact of depositing in the post office a properly addressed prepaid letter enclosing notice of protest of a promissory note, raises a' natural presumption, founded in common experience, that it reached its destination by due course of mail. It is prima facie evidence that it was received by the person to whom it was addressed, but the prima facie proof may be rebutted b}r evidence showing that it was not received. The question is one of fact solely for the determination of the jury under all the evidence. It is immaterial whether the notice is placed in the street mail box from which frequent collections are made, or in the general post office of the city.</p> <p>Practice G. P. — Trial—Remarks of counsel.</p> <p>A judgment will not be reversed by reason of alleged improper remarks of counsel to the jury, where the remarks are not an unfair inference to be drawn from the whole evidence.</p>