Presbyterian Church v. Allison
Supreme Court of Pennsylvania
In error from the Common Pleas of Dauphin. This was a scire facias on a mechanics’ lien, for bricks furnished in the erection of a church. The first objection on the trial was to the admission of the plaintiff’s book of original entries, in which the items were charged: “Peter Bernheisel to Jos.
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In error from the Common Pleas of Dauphin. This was a scire facias on a mechanics’ lien, for bricks furnished in the erection of a church. The first objection on the trial was to the admission of the plaintiff’s book of original entries, in which the items were charged: “Peter Bernheisel to Jos. Allison Dr.” The plaintiff, also, under exception, gave evidence that Bernheisel, who was the contractor, at a certain price to be paid for the building, had ordered these bricks for the building, and that they were furnished on that contract; they were to be paid for by orders on the building…
1Opinion of the CourtCoulter, J.
Whether the materials were furnished on the credit of the church building and edifice, or on the individual liability and responsibility of Peter Bernheisel, the contractor, was a fact to be determined by the jury from the evidence in the cause; and it was very fairly and distinctly submitted to the jury by the court. I should not myself have considered the evidence on the part of the plaintiff below, that the materials were furnished on the credit of the church edifice, so strong as did the court; but the testimony of the elder Allison undoubtedly-furnished some evidence tending to prove the…
2Cases cited1 opinion
- Wilson v. Commissioners of Huntingdon CountySupreme Court of Pennsylvania · 1844
3Cited by7 opinions
- Calvary Baptist Church v. CoonradNebraska Supreme Court · 1956
- Henry v. HindsMissouri Court of Appeals · 1885
- Scott Manufacturing Co. v. MorganSupreme Court of Pennsylvania · 1907
- Miller v. HeathSuperior Court of Pennsylvania · 1903
- Edwards v. Stevens, Pennsylvania Court of Common Pleas, Chester County1977
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