Second National Bank v. Hoffman

Citations

• 229 Pa. 429
• 78 A. 1002
• 1911 Pa. LEXIS 511

Syllabus

<p>Promissory notes — Indorser—Fraud—Act of May 16, 1901, P. L. 194 — Banks and banking — Cashier—Interested icitness — Qwstion for fury.</p> <p>1. In an action by a bank against the indorser of a promissory note where the defendant shows that the note was procured from him by fraudulent act of the maker, the burden is upon the bank to show affirmatively that it was an innocent purchaser for value without knowledge of the fraud. If in assuming such burden the bank presents as its only witness its own cashier, the case must go to the jury so as to permit that body to pass upon the credibility of the cashier, although his testimony may not in any way have been contradicted.</p> <p>2. When the establishment of a question of fact depends upon oral testimony, the credibility of the witness or witnesses is for the jury alone, and it is their exclusive province to determine whether from such testimony the fact in dispute has been established.</p>