Hook v. Jones

Supreme Court of Pennsylvania

Hook v. Jones

64 A. 533, 215 Pa. 318, 1906 Pa. LEXIS 789

CourtSupreme Court of Pennsylvania

DecidedMay 14, 1906

DocketAppeal, No. 94

StatusPublished

This text of 64 A. 533 (Hook v. Jones) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hook v. Jones, 64 A. 533, 215 Pa. 318, 1906 Pa. LEXIS 789 (Pa. 1906).

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Opinion

Pee Cueiam,

The common stock which is the real subject of controversy here was part of the collateral security for the loan or payment of the $8,000 involved in the original transaction. Prima facie, therefore, it was to be returned on payment. The written contract is entirely silent in regard to it and it first appears in the affidavit of defense where it is averred “ to belong with the preferred stock.” For purposes of judgment this averment must be taken to be true, and the burden is on plaintiff to prove the contrary.

Judgment affirmed.

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Pee Cueiam,

The common stock which is the real subject of controversy here was part of the collateral security for the loan or payment of the $8,000 involved in the original transaction. Prima facie, therefore, it was to be returned on payment. The written contract is entirely silent in regard to it and it first appears in the affidavit of defense where it is averred “ to belong with the preferred stock.” For purposes of judgment this averment must be taken to be true, and the burden is on plaintiff to prove the contrary.

Judgment affirmed.

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Bluebook (online)

64 A. 533, 215 Pa. 318, 1906 Pa. LEXIS 789, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hook-v-jones-pa-1906.