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8 Sadler 152

Huffman v. Iams

Supreme Court of Pennsylvania

Decided October 25, 1887

Supreme Court of Pennsylvania · decided 1887-10-25

The facts appear from the following portions of the charge of , the court below, Inghram, J.: “In this case the plaintiff, James Huffman, is seeking to recover from Franklin P. Iams and Matthew Garner, executors of the last will and testament of John Huffman, deceased, who was the father of the plaintiff, the amount of three notes. . . .

Relies on Darlington's Appeal

Affirmed · Decided 1887-10-25

Per Curiam:

¶1This case is ruled by Darlington’s Appeal, 86 Pa. 518, 27 Am. Pep. 726.

¶2' There was undoubtedly such a confidential relation between James Huffman and his father, John Huffman, not only as ■father and son, but as one of the assignees of his father, as threw upon him the burden of proof of showing the consideration of the notes in question; and the court was right in so instructing the jury. Nor ean we see in the offers of evidence .anything which tended to show such consideration; hence, the court did well in rejecting them. It follows that the third point of the defendants was properly affirmed.

¶3The judgment is affirmed.

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