Warmcastle v. Castner

Citations

• 34 Pa. Super. 464
• 1907 Pa. Super. LEXIS 159

Syllabus

<p>Promissory notes — Consideration—Decedents’ estates — Evidence.</p> <p>In an action against a decedent’s estate, the defendant offered as a set-off a promissory note executed by the plaintiff which had been in possession of the decedent for four years before he died. The plaintiff admitted the execution of the note, but averred a want of consideration, alleging that it had been given by him to the decedent in order to be delivered by the latter to another person in renewal of a note held by such person against the plaintiff. There was no direct evidence to support the plaintiff’s claim, but it was shown that on the day on which the note offered as a set-off was given, the person holding plaintiff’s old note had indorsed thereon a money payment which was the difference between the old note and the note which the plaintiff claimed was to be a renewal note. It appeared that -the old note remained in the hands of its holder, and that plaintiff made no effort to have the renewal note- substituted in its place. Held,, that as there was no sufficient evidence to submit to the jury on the question of lack- of consideration, it was not error for the court to give binding instructions for defendant.</p>