Steere v. Oakley

Citations

• 186 Pa. 582
• 40 A. 815
• 1898 Pa. LEXIS 1046

Syllabus

<p>Payment — Evidence—Account stated — Province of court and jury.</p> <p>Ail illiterate mortgagor made payments during a long series of years on account of the principal and interest of the mortgage, partly in cash and notes, and partly in produce. The mortgagee finally presented an account insisting upon immediate payment of the balance. The mortgagor alleged that there were mistakes, and large charges of usurious interest in the account. The mortgagee would not wait to have the calculation examined, but insisted upon immediate payment. The mortgagor finally paid the whole amount claimed, upon the promise of the mortgagee that, if the account was not right, he would make it right. The mortgagor subsequently brought suit against the mortgagee to recover back the alleged overpayments. The evidence on behalf of the mortgagor tended to show either that the mortgagee had made a very material mistake in his computation of interest or that he intentionally made a false statement. Held, that a judgment and verdict for the mortgagor should be sustained.</p>