Turner v. Koehler

Citations

• 60 Pa. Super. 395
• 1915 Pa. Super. LEXIS 205

Syllabus

<p>Promissory notes — Evidence-^-Burden of proof.</p> <p>In an action upon a promissory note where the plaintiff declares in his statement that there is due and payable only one-half of the amount of the note, and such sum he seeks to recover, he may, under the usual rules of court, offer the note in evidence if there is no denial in the. pleadings or affidavit of defense that the note was executed and delivered; and, after the admission of the note, the burden of proof is shifted to the defendant, and the latter cannot on cross-examination of the plaintiff introduce his defense in advance of the proper time.</p> <p>In an action upon a promissory note it appeared that plaintiff was the creditor of a company in which the defendant was interested. The suit was brought for one-half the amount of the note. In a'ddition to the note in suit the plaintiff held three notes of the company all of which had been executed by the defendant as its officer. These notes aggregated precisely one-half of the note in suit, and had been delivered by the plaintiff to the defendant when the note in suit was delivered. The testimony was contradictory as to why the note in suit was in twice the amount due to the plaintiff. The defendant testified that he never undertook to become personally liable to the payment of any part of the note sued upon. This was contradicted by the plaintiff. Held, that the case was for the jury, and that a verdict and judgment for plaintiff should be sustained.</p>