Stewart v. Gleason

Citations

• 23 Pa. Super. 325
• 1903 Pa. Super. LEXIS 66

Syllabus

<p>Evidence — Burden of proof — Forgery—Promissory note — Buie of court —Affidavit of defense — Admission.</p> <p>When a statute or rule of court provides that the execution of a promissory note in suit shall be taken as admitted unless it is denied by affidavit, the effect of filing such affidavit is simply to cast the burden of proof on the plaintiff; it does not raise a prima facie presumption of forgery which he must overcome, nor does it require him to furnish more evidence or a higher grade of evidence than he would be required to furnish if the defendant had simply pleaded the general issue and there were no statute or rule of court upon the subject. If he furnishes evidence which would warrant a jury in finding that the note was signed by the defendant or by some one authorized by him, or that it purports to be signed by the defendant and was delivered by him, as and for his note, to the payee'named therein, the plaintiff is entitled to have the note admitted in evidence.</p> <p>If the law does not prescribe more formal proof, the plaintiff in an action upon a promissory note may make out a case which he is entitled to have submitted to the jury by proof of the extra judicial admission of the defendant to the effect that the note was given by him. If the admission was noncontractual, that is if it was not made under circumstances to create an estoppel, it maybe rebutted by proof that the note was not given by the defendant, but is a forgery. But even though such evidence be adduced by the defendant still the question is for the jury; it is for them to determine whether the fact be as stated in his admission, or as stated in his testimony.</p> <p>In an action on a promissory note, where the defendant denies the execution of the note, and the plaintiff offers proof that at the time he discounted the note, the paper was read to defendant and that defendant not only stated that he had given such a note, but also, referring to the paper read to him, said that it