M. Darragh & Co. ex rel. Darragh v. Stevenson
Supreme Court of Pennsylvania
Appeal, No. 171, October Term, 1897, by plaintiff, from judgment of C. P. Beaver Co., Decern-ber Term, 1890, No. 19, on verdict for defendants. Issue to determine whether P. H. Stevenson, deceased, executed the note on which judgment was entered. At the trial plaintiff offered the following paper: “ M. Darragh & Co. v. “John Bigger and “ P. H. Stevenson, 1 No. 286, September Term, 1896. ^ Sur. No. 19, December Term, 1890. ( Sur. No. 330, June Term, 1883. Sur.
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Appeal, No. 171, October Term, 1897, by plaintiff, from judgment of C. P. Beaver Co., Decern-ber Term, 1890, No. 19, on verdict for defendants. Issue to determine whether P. H. Stevenson, deceased, executed the note on which judgment was entered. At the trial plaintiff offered the following paper: “ M. Darragh & Co. v. “John Bigger and “ P. H. Stevenson, 1 No. 286, September Term, 1896. ^ Sur. No. 19, December Term, 1890. ( Sur. No. 330, June Term, 1883. Sur. No. 9, June Term, 1867. “Debt, $5,073.17. “ Interest from June 14, 1892. “This agreement made the 14th day of December, A. D. 1895, by…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
M. Darragh was prima facie incompetent as a witness both as a surviving party to the contract in action and as having an adverse interest to defendants’ decedent. But after some uncertainty on the point it was said by the present chief justice in Dickson v. McGraw, 151 Pa. 98, that tbe disqualification depends “not only on the fact of being a remaining party, but having an adverse interest, and even such parties may be made competent by disclaimer of title ” (that case being an ejectment) “ and by release or extinguishment of interest in the event of suit.” And…
2Cases cited5 opinions
- Duffield v. HueSupreme Court of Pennsylvania · 1889
- Dickson v. McGraw Bros.Supreme Court of Pennsylvania · 1892
- Post v. AverySupreme Court of Pennsylvania · 1843
- Tarr v. RobinsonSupreme Court of Pennsylvania · 1893
- Haus v. PalmerSupreme Court of Pennsylvania · 1853
3Cited by17 opinions
- Dellacasse v. Floyd Exrs.Supreme Court of Pennsylvania · 1938
- Hodges v. Lake Summit Co.Supreme Court of South Carolina · 1930
- MacHnofsky v. SmithSuperior Court of Pennsylvania · 1931
- Morgan v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1906
- Orndoff v. Consumers Fuel Co.Supreme Court of Pennsylvania · 1932
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