Haynes v. Hunsicker
Supreme Court of Pennsylvania
Error to the Common Pleas of Bradford county. This was an action of trespass, brought by Cornelius Hunsicker, William R. Haynes, and A. Spalding, for taking and carrying away 63,000 feet of boards. In February, 1853, Hunsicker purchased of C. W. Miller the boards in question, which were piled up at a saw-mill which Miller was carrying on at the time, and for which he gave him a horse, a wagon, and $100 in money.
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Error to the Common Pleas of Bradford county. This was an action of trespass, brought by Cornelius Hunsicker, William R. Haynes, and A. Spalding, for taking and carrying away 63,000 feet of boards. In February, 1853, Hunsicker purchased of C. W. Miller the boards in question, which were piled up at a saw-mill which Miller was carrying on at the time, and for which he gave him a horse, a wagon, and $100 in money. At the making of the contract Hunsicker and Miller were together at the saw-mill, and examined and estimated the lumber, and agreed upon the terms, and the horse and wagon were given…
1Opinion of the Court
The opinion of the court was delivered by
Knox, J.
Where one offered as a witness is objected'to on the ground of interest, and parol evidence is given to the court to sustain the objection, if the interest is in the least degree doubtful, the court may permit the witness to testify, and refer the question of interest to the jury:' Hart v. Heilner, 3 Rawle 411; Gordon v. Bowers, 4 Harris 226. Such was the course pursued in the present case, and we see no good reason why it was not correct. At most, the evidence introduced by the plaintiff left the question as to the interest of Harrison Gibbs…
2Cases cited1 opinion
- Hart v. HeilnerSupreme Court of Pennsylvania · 1832
3Cited by3 opinions
- Hunter Construction Co. v. LyonsSupreme Court of Pennsylvania · 1912
- Orr v. Carnegie Natural Gas Co.Superior Court of Pennsylvania · 1896
- In re Pease Car & Locomotive WorksDistrict Court, N.D. Illinois · 1905