Steininger v. Hoch's
Supreme Court of Pennsylvania
Error, to the Common Pleas of Lehigh county. This was an action of debt by Abraham Hoch, executor, &c., of Samuel High, deceased, against George Steininger, founded on an alleged promissory note of the defendant for $800. The case was before this court in 1861 ( 3 Wright 264), when the judgment was reversed, and a venire de novo awarded, for misdirection of the court below. On the second trial, Anna.
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Error, to the Common Pleas of Lehigh county. This was an action of debt by Abraham Hoch, executor, &c., of Samuel High, deceased, against George Steininger, founded on an alleged promissory note of the defendant for $800. The case was before this court in 1861 ( 3 Wright 264), when the judgment was reversed, and a venire de novo awarded, for misdirection of the court below. On the second trial, Anna. Hoch, a daughter of deceased, and the legatee under his will of one-third of his estate, was offered as a witness for the plaintiff. Her interest under the will being established by the…
1Opinion of the Court
The opinion of the court was delivered, April 21st 1862, by
Thompson, J.
The main inquiry in this ease arises on the question of the competency of Anna Hoch as a witness, she being one of three residuary legatees under the will of Samuel Hoch, by whom the action was originally instituted. On the first trial in court, it appears she was a witness, having released her interest in the claim; but as the release was not produced, nor proved, she executed anew an assignment of every interest she eventually would have to the cause of action in suit, to the plaintiff on record, the executor of Samuel…
2Cases cited2 opinions
- Commonwealth ex rel. Lawson v. Ohio & Pennsylvania RailroadSupreme Court of Pennsylvania · 1857
- Woods v. WilliamsNew York Supreme Court · 1812
3Cited by7 opinions
- Wills v. HardcastleSuperior Court of Pennsylvania · 1902
- Green v. BrooksSupreme Court of Pennsylvania · 1906
- Heft v. OgleSupreme Court of Pennsylvania · 1889
- Ginder v. BachmanSuperior Court of Pennsylvania · 1898
- Brant v. DennisonSupreme Court of Pennsylvania · 1885
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