60 Pa. Super. 390 | Pa. Super. Ct. | 1915
Opinion by
Henry Cooper held a note against his son, William V. Cooper, for $1,000, dated April 1, 1908. Payments of interest were endorsed on the note, the last being April 1, 1911, $40.00. William V. Cooper, the maker of the note, is dead and the payee has brought suit against his executrix. At the trial she offered in evidence, a receipt, as follows, “April 1, 1911. Received from W. V. Cooper, two hundred and twenty dollars, $220, in full (signed)
On the very day the receipt was given, there appears an endorsement of interest paid, $40.00. It might be argued that such an endorsement of interest is inconsistent with the payment of the note. Why endorse interest when the entire amount is liquidated and a receipt given therefor? Furthermore, the amount of the receipt has no relation to the amount of the debt that it is claimed was paid. The amount endorsed as interest indicated that the entire principal of the note was still due and owing. There was some reference also mafie at the trial to other indebtedness existing between the maker and the payee, in addition to this. The possession of the note by the payee was evidence of nonpayment. All these circumstances taken together were sufficient to take the case to the jury. It was for them to determine whether the prima facies arising from the giving of the receipt in full was thus overcome. We think the court was right in the first instance in submitting these matters to a jury and erred in entering judgment for the defendant n. o. v.
The assignments of error are sustained, the judgment entered in favor of the defendant reversed and judgment is now directed to be entered in favor of the plaintiff for the amount of the verdict with interest from the date of its rendition.