Stearns v. Merchants' Bank
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Jfirie county. This was an action of assumpsit, commenced October 14th 1862, by the Merchants’ Bank of Cleveland against Edward H. Stearns and William R. Stearns, trading as Stearns & Son. The suit was on a promissory note for $288.85, at three months, made by the defendants to Champlin & Co., endorsed by them to George Carey & Co., and by them to the plaintiff.
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Error to the Court of Common Pleas of Jfirie county. This was an action of assumpsit, commenced October 14th 1862, by the Merchants’ Bank of Cleveland against Edward H. Stearns and William R. Stearns, trading as Stearns & Son. The suit was on a promissory note for $288.85, at three months, made by the defendants to Champlin & Co., endorsed by them to George Carey & Co., and by them to the plaintiff. The defendants took the depositions of T. P. Handy, President, and William L. Cutter, Cashier of the Merchants’ Bank, the plaintiff, both of whom testified that the note at the time it was…
1Concurrence
Concurring opinion by
Thompson, J.
I concur in the result at which my brother Read has arrived in this case, but cannot agree in his statement *496of the rule in regard to what may be proved by a party calling a witness when the witness swears directly against him. I hold that he may prove different or opposite statements from that sworn to by the witness, made on other occasions; not, I admit, for the purpose of discrediting him or tainting his veracity. Having given him credit by calling him, he cannot do this, but he can dispose of the effect of the testimony, and credit given by his act in…
2Cases cited6 opinions
- Craig v. CraigSupreme Court of Pennsylvania · 1835
- Webster v. LeeMassachusetts Supreme Judicial Court · 1809
- Bank of Northern Liberties v. DavisSupreme Court of Pennsylvania · 1843
- Stockton & Stokes v. DemuthSupreme Court of Pennsylvania · 1838
- Sharp v. EmmetSupreme Court of Pennsylvania · 1840
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