Seaton v. Shaner

Citations

• 158 Pa. 69
• 27 A. 871
• 1893 Pa. LEXIS 1543

Syllabus

<p>Opening judgment — Set-off—Partnership settlement — Evidence.</p> <p>On an application to open a judgment, defendant claimed that he and plaintiff were partners, and that a settlement had been made between them showing that plaintiff was indebted to defendant for more than the amount of the judgment. Defendant’s bookkeeper testified that he had drawn up a statement, which was to be a settlement, provided the parties could agree upon it. lie testified that plaintiff examined the statement, and had made known to defendant that he did not think the statement was right. Plaintiff testified positively that there was no settlement. Meld, that the evidence to establish a settlement was insufficient, and that the rule to open the judgment was properly discharged.</p>