Smith v. Summerhill

Citations

• 31 Pa. Super. 235
• 1906 Pa. Super. LEXIS 196

Syllabus

<p>Receipt — Payment—Ambiguity—Construction of instrument — Evidence.</p> <p>Where a receipt for a payment on a judgment is so indefinite and uncertain on its face as to the amount of the payment that the court cannot construe it, it is not evidence either one way or the other on an issue to determine the unpaid amount of the judgment, except as to the fact that a payment applicable to the judgment was made on the day that the receipt was given.</p> <p>Evidence — Competency of witness — Party dead — Act of June 11, 1891, P. L. 287.</p> <p>Where on an issue to determine the amount of an unpaid balance due on a judgment, it appears that the plaintiff is dead, and two witnesses have testified on behalf of the executors as to occurrences in the lifetime of the deceased, the defendant is qualified also to testify as to such occurrences.</p>