Thomas v. Law

Citations

• 25 Pa. Super. 19
• 1904 Pa. Super. LEXIS 6

Syllabus

<p>Promissory notes — Set-off—Evidence—Burden of proof — Measure of proof —Charge.</p> <p>In an action on promissory notes where the defendant sets off the value of services, which he alleges was to be applied against the debt represented by the notes, it is error for the court to affirm a point drawn as follows : “ That if the jury find that the only evidence as to the payment of the notes is that of the parties plaintiff and defendant, who swear, oath against oath, each in support of his contention, and there is no corroboration, the verdict must be for the plaintiff.” Such an instruction takes from the jury all consideration of the credibility of the witnesses; and it is not cured by a reference in the answer to the general' charge where the correct rule is laid down.</p>