Appeal, No. 100 | Pa. | Jan 3, 1899
The mere possession of the check by the plaintiff, to whose order it was drawn, was presumptive evidence that it was given in payment of a debt, or was given for cash received for it at the time: Gettysburg National Bank v. Kuhns, 62 Pa. 88" court="Pa." date_filed="1869-07-06" href="https://app.midpage.ai/document/gettysburg-national-bank-v-kuhns-6233572?utm_source=webapp" opinion_id="6233572">62 Pa. 88; Lowrey v. Robinson, 141 Pa. 189" court="Pa." date_filed="1891-03-30" href="https://app.midpage.ai/document/lowrey-v-robinson-6240390?utm_source=webapp" opinion_id="6240390">141 Pa. 189, and many other cases. In addition to this presumption there was considerable proof of a consideration of boarding, nursing and attendance on a number of occasions. The learned court below left it to the jury to say whether the check was given in the circumstances claimed by the plaintiff and for a consideration, or whether it was given without any consideration or for a partial consideration, charging that if it was given without any consideration they should find a verdict for the defendant, and if for a partial consider
Judgment affirmed.