Whiting Manufacturing Co. v. Bank

Citations

• 15 Pa. Super. 419
• 1900 Pa. Super. LEXIS 370

Syllabus

<p>Evidence — Record of assigned estate to show precedent insolvency.</p> <p>The record of an appraisement, showing the condition of an estate u.1 the time of an assignment, is some evidence of the solvency of the assignor at the time when sale was made on representations of solvency at a period not greatly remote from the assignment.</p> <p>Representations of solvency were made January 27, and an assignment in May of the same year; held, that the record of the assigned estate was admissible in evidence as an aid to the jury in determining the issue as to insolvency at the date when the representations of solvency were made.</p> <p>Evidence — Inferences need not be disproved.</p> <p>A mere inference as to the existence of notes imposes no obligation on plaintiff, seeking to rescind a sale of goods levied upon, to return such notes or file same in court, or to disprove a status which may never have existed, in order to enable it to rescind.</p> <p>Contract — Lex loci.</p> <p>An order for goods accepted in New York where the goods were delivered to the purchaser, establishes a New York contract governed by the lex loci.</p> <p>Evidence — Foreign law must be proved — Charge of court.</p> <p>Where a crucial question of the case is whether the law of New York is that, if a vendor would rescind a sale, he must show the purchaser of the goods one knowingly insolvent and having a present intention not to pay for them, it is necessary either that the law of the foreign state shall be stipulated as admitted, or it must be proved what that law is.</p> <p>There being no evidence before the court below as to what the law of New York was. it was error for the trial judge to charge that it was thus or so.</p>