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E. M. Sayers, Plff. in Err., v. Mordecai Kent, Garnishee

Supreme Court of Pennsylvania1885-10-19
1 Sadler 97

Authorities cited

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Opinion

majority opinion

Per Curiam:

The right of the plaintiff to recover depended on his ability to prove an existing debt due by the garnishee.

Having attempted to do so by proving a specific contract, he-was clearly estopped from denying the validity of that contract. Had he succeeded in proving it to be invalid, he would have-; proved that the debt did not exist. There is no presumption of fraud in the fact that the defendant paid the instalments before they became due, and was allowed a rebate of the interest on the sums thus paid. Judgment affirmed.