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134 Pa. 88

Holohan v. Mix

Supreme Court of Pennsylvania

Decided April 7, 1890

Supreme Court of Pennsylvania · decided 1890-04-07

Suit was brought in the name of the payee of an unindorsed note, to recover against the maker, for the use of the administrator of a decedent among whose papers it was found on his death, with writs of scire facias sur judgments against the payee on which the decedent had become bail for stay of execution, and which had been paid by decedent. The payee testified that he had not transferred the note to the decedent, but had left it with him to have it discounted in bank.

Cited by 1 later decisions — most recently February 1898

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1890-04-07

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Per Curiam:

¶1The first assignment does not conform to the Rules of Court, and will not be considered. The second, alleges error in the charge of the court. We think the charge was in entire accord with the manner in which the case was tried below. It was fairly left to the jury to find whether the note in controversy came into the hands of the administrator of A. C. Noyes, under the circumstances claimed by him, or whether it had been given to Noyes by Holohan for tire purpose of discount. The jury were distinctly told that if so given, there could be no recovery. It is also proper to say that no question was made as to the time when the note came into the hands of Noyes. It is evident the jury did not believe Holohan. It is not for us to say whether they were right or wrong in this. It is their province to judge of the credibility of witnesses, and, if they make a mistake in this respect, it is not our duty to correct it. Our province is. to correct errors of law committed on the trial, and as nolle such appears in this case,

¶2The judgment below is affirmed.

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