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168 Pa. 466

Beaver v. Slear

Supreme Court of Pennsylvania

Decided May 27, 1895

Supreme Court of Pennsylvania · decided 1895-05-27

Appeal, No. 445, Jan. T., 1895, by plaintiff, from order of C. P. Union Co., Dec. T., 1893, No. 126, making absolute a rule to open judgment. Buie to open judgment. From the record it appears that in 1876 plaintiff received from his wife $1,163, which lie used in paying off charges upon his farm. He gave a judgment note for $1,200, payable one day after date to a trustee for his wife.

Affirmed · Decided 1895-05-27

Per Curiam,

¶1While we cannot assent to the proposition that, in a case such as this, the burden is on the plaintiff to show affirmatively that the defendant agreed to pay interest from the maturity of his note, we are not prepared to say, in view of the facts and circumstances of the case, that the court erred in opening the judgment and letting the defendant into a defense. There was no such abuse of discretion as would justify us in reversing the decree complained of.

¶2Decree affirmed and appeal dismissed with costs to be paid by appellant.

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