Gantt v. Cox & Sons Co.
Supreme Court of Pennsylvania
Appeal, No. 194, Jan. T., 1900, by defendant, from decree of C. P. No. 4, Phila. Co., Dec. T., 1898, No. 418, on bill in equity in case of Henry L. Gantt v. The Cox & Sons Company. Bill in equity for an account.
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Appeal, No. 194, Jan. T., 1900, by defendant, from decree of C. P. No. 4, Phila. Co., Dec. T., 1898, No. 418, on bill in equity in case of Henry L. Gantt v. The Cox & Sons Company. Bill in equity for an account. The bill averred that the plaintiff had designed and developed a new and useful improvement in furnaces for the melting of glass whereby the furnaces were to have semicircular ends and thus known as “round-nosed,” and that both regenerators should be at one end instead of opposite ends, as in other furnaces, and that it was to be adapted for the use of oil as fuel, and that glass…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The answer of a corporation sworn to by the proper officer having personal knowledge of the facts, is within the equity rule as to the weight of a responsive answer as evidence : Kane v. Ins. Co., ante p. 198.
The general proposition therefore on which the learned judge below rejected the answer in this case as evidence and treated it as mere pleading was erroneous. But the application of the rule to the case was correct. An answer in equity gets its responsive force from the personal knowledge of the witness. The matters in issue between the parties here were…
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