Shultz v. Boehme

Citations

• 1 Monag. 245
• 1888 Pa. LEXIS 711

Syllabus

<p>In an action of debt, by an executor, on a bond, accompanying a mortgage, the pleadings alleged that the bond was unlawlhlly in the possession of the obligor. The defendant, in an affidavit of defense, averred that the bond had never been delivered. The plea was nil debit. The plaintiff gave the mortgage, reciting the bond in evidence, and facts from which the delivery of the bond might be inferred. The defendant then gave the bond in evidence and was asked the following question : “ State whether or not this bond came into your hands since the death of the decedent ?” Held to be incompetent, because it was designed to draw out the fact, by a negative answer, that the bond was in the obligor’s possession before the death of the deeedent; and therefore, it seems, not within the terms of the Act of April 9,1870, P. L. 44.</p>