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W. H. Jenkins, Admr. of H. J. Portser, Deceased, Plff. in Err., v. Joseph Anderson, for Use of James R. Daugherty

Supreme Court of Pennsylvania1887-10-31No. No. 11, W. D.
8 Sadler 363

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Opinion

majority opinion

Per Curiam:

The principal question in this case was whether the presumption of payment was a defense to the plaintiff’s claim upon the scire facias to revive. This question was left to the jury under proper instructions. The sum of $69.15 was paid on account of the articles of agreement and, as an acknowledgment of an indebtedness then existing, was applicable to the entire debt. We-are unable to see any error in the admission of the deposition, of J. D. McClaran, or in the rulings of the learned judge upon the question of set-off.

Judgment affirmed.