2 Whart. 503 | Pa. | 1837
delivered the opinion of the court.
The only error committed in the course of the trial, was the admission of any part of the defendant’s credits. Nothing can be clearer than that there was not colour of consideration for Mrs. Delany’s agreement not to exact the bond, if the property for the price of which it was given, were taken for her late husband’s debt. The promise, being gratuitous as well as executory, could not be enforced; and the defendant cannot legitimately complain of the part exclusion of what was wholly inadmissible,
The inference of payment from lapse o'f time, is a presumption of law, and a subject of legal direction. Every jurist, whether judge or text writer, treats of it as such. The rebuttal of it by circumstances left to the jury for the truth of the fact only, is also for the court. In what respect was it treated otherwise at the trial ? The judge directed that the testimony of a particular witness, if true in •fact, rebutted the presumption of payment in point of law; and that as there was no evidence in the cause which purported to contra.dict him, the question depended on his credibility, which was left
Rule discharged.