Rishel v. Crouse

Citations

• 162 Pa. 3
• 29 A. 123
• 1894 Pa. LEXIS 932

Syllabus

<p>Opening of judgment — Discretion—Review—Evidence.</p> <p>On an application to open a judgment entered by confession, defendant claimed that the note had been given to his wife to hand to plaintiff, her mother, after his death, so that the latter would have the amount of the note out of his estate as a gift on which to live. He also claimed that the note had never been delivered to plaintiff, that it was without consideration, and that he did not owe anything to plaintiff. Plaintiff filed a sworn answer denying all the averments of the petition. There was evidence to the effect that defendant had received sums of money from plaintiff in excess of the amount of the note, and that plaintiff had lived in defendant’s family for several years without paying board. There was no evidence that the note had not been delivered to plaintiff, nor that she had obtained possession of it in a surreptitious manner. The evidence as to the note being a gift consisted of declarations made by plaintiff, but the testimony was conflicting as to the terms of the gift. There was also some uncertainty as to the declarations being applicable to the particirlar note in question. Held, that the Supreme Court would not, under the circumstances, interfere with the discretion of the lower court in refusing to open the judgment.</p>