181 Pa. 100 | Pa. | 1897
Opinion by
The learned judge of the court below instructed the jury that if they believed that interest was paid on the note in suit within six years from the time the suit was brought, the plaintiff had a right to recover the amount of the note with interest to date. That this instruction was absolutely correct is not even questioned by the learned counsel for the appellant. The jury did believe that interest was’ so paid, and rendered a verdict for the plaintiff for the full amount of his claim. There is, therefore, no question in the case except whether there was sufficient evidence before the jury to justify them in rendering their verdict. A careful reading of the testimony convinces us that no other verdict would have satisfied the demands of the evidence. The facts testified to were entirely undisputed. There was no contradiction of the positive testimony of the plaintiff, that the last payment of interest on the note in suit was made on April 28, 1887, which was less than six years before the action was brought. The written receipt for that payment was given in evidence and it expressed on its face the fact that it was “ on account of interest on note.” This was not at all disputed by the defendant, although he was alive and competent to testify. But he now claims that there were two of his notes in the hands of the plaintiff at that time, each, for $10,000, and that the receipt does not identify the particular note on which the payment of interest was made. While it is true that the receipt does not in language describe the particular note on which the interest was then paid, the other testimony in the case proves most conclusively that it was paid on this identical note in suit. It is not at all necessary to repeat the testimony in detail. It was not
Judgment affirmed.'