Rothrock v. Rothrock

Citations

• 195 Pa. 529
• 46 A. 90
• 1900 Pa. LEXIS 683

Syllabus

<p>Practice— Trial—Evidence— Witness.</p> <p>Where a witness has testified at great length as to a paper, and no objection to his testimony has been pressed to an exception, until the paper is offered in evidence, when an objection is made to the competency oí the witness, and the paper is excluded, and the record further shows that no motion was made to strike out the testimony of the witness, and no direction to the jury was asked for or given, to disregard his testimony, the Supreme Court will not hold that the whole of the testimony of the witness was excluded by the refusal of the court to admit the paper.</p> <p>Mortgage—Bond— Pa yment— Question for jury.</p> <p>In an action on a mortgage given to administrators to secure the purchase money of land, the question whether a bond accompanying the mortgage had been paid is for the jury where the evidence shows that a receipt had been given signed by one of the administrators, which it was alleged by the mortgagor was on account of the bond; that there was no proof of any other money transaction between the administrator and the mortgagor; that the receipt was given on the very day when the papers were actually transferred which was not the day of their date; that the deed contained an express receipt for the whole of the purchase money including the amount mentioned in the receipt produced ; that the administrator filed an account in which he charged himself with the whole of the purchase money, and that no question as to the payment of the bond had been raised for a period of twenty years after it became duo.</p>