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James Huffman, Plff. in Err., v. Franklin P. Iams et al., Exrs. etc., of John Huffman, Deceased

Supreme Court of Pennsylvania1887-10-25No. No. 113, W. D.
8 Sadler 152

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Opinion

majority opinion

Per Curiam:

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

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.

The judgment is affirmed.