Silverman v. Rumbarger

Citations

• 4 Pa. Super. 439
• 1897 Pa. Super. LEXIS 140

Syllabus

<p>Evidence — Presumption of legality — Burden of proof.</p> <p>It is a presumption of law that every one has conformed to the law and the burden is upon him who alleges the contrary.</p> <p>Sale — Illegal business — Burden upon Mm alleging illegality.</p> <p>The plaintiff who had sold whisky to defendant, testified that he was a wholesale liquor dealer in Ohio where the contract was made; this was prima facie proof that he was lawfully carrying on that business and the burden was upon defendant to show that he had a right to take, use and not be compelled to pay for the property purchased because plaintiff was carrying on a traffic illegal in the state of Ohio.</p>