Stybr v. Walter

Citations

• 272 Pa. 202
• 116 A. 159
• 1922 Pa. LEXIS 801

Syllabus

<p>Promissory notes — Payment—Contract—Evidence ■ — Prejudicial use of evidence — Cross-examination.</p> <p>1. In an action on promissory notes given for the benefit of a corporation to whom plaintiff had made advances before the giving of the notes, it is reversible error to admit in evidence an agreement in writing between the parties to .the notes, relating to a prior loan, in which the notes were not mentioned and which had no connection with them, and to permit the use of the agreement in such a way as to prejudice the rights of plaintiff.</p> <p>2. Cross-examination cannot be used so as to get before the jury incompetent and prejudicial facts not referred to in the direct examination.</p> <p>3. Where on appeal from judgment on verdict for defendant, the record shows that counsel for defendant set out to confuse, rather than to enlighten, the court and jury, and to prejudice the latter against plaintiff and his counsel, the verdict so won, will have little chance of standing on appeal, when any specific error appears on record which can fairly be accounted reversible.</p> <p>4. Where an oral agreement is set up as a defense in an action on promissory notes, counsel for defendant should endeavor to get his witnesses to state facts from which the jury may draw conclusions, rather than merely their own conclusions as to what occurred when the alleged oral agreement was made.</p>