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Adelbert Moser, Plff. in Err., v. Guaranty Trust & Safe Deposit Co.

Supreme Court of Pennsylvania1886-04-05
2 Sadler 183

Authorities cited

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Opinion

majority opinion

Per Curiam:

Whatever was claimed and could have been tried in the former suit is presumed to have been included in the settlement thereof, under the general language used. The party alleging otherwise takes the burden of proof. In the former suit the narr. was sufficient to cover the entire claim. As there is no evidence to rebut the presumption of a settlement of the whole, there is no error here to correct.

Judgment affirmed.