Malone v. Dougherty
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Dauphin county: Of May Term 1875, No. 67. This was an action of assumpsit, brought March 24th 1871, by Daniel Dougherty and Daniel W. Seiler against Richard A. Malone and Michael J. Barry. The sheriff returned “ Nihil ” as to Barry. Malone pleaded, “ Payment with leave,” &c.
Read the full summary
Error to the Court of Common Pleas of Dauphin county: Of May Term 1875, No. 67. This was an action of assumpsit, brought March 24th 1871, by Daniel Dougherty and Daniel W. Seiler against Richard A. Malone and Michael J. Barry. The sheriff returned “ Nihil ” as to Barry. Malone pleaded, “ Payment with leave,” &c. The cause of action was the following note : U Lancaster, July 30th 1867. Forty days after date we promise to pay to the order of Daniel Dougherty and Daniel W. Seiler, Five Thousand Dollars, without defalcation, for value received, at Reed, McGrann & Co. Richard A. Malone, Michael…
1Opinion of the CourtJustice Woodward
The rejection of the proof which the defendant below proposed to make by the testimony of Daniel W. Seiler, one of the plaintiffs, on cross-examination, is the ground for the first and second specifications of error. The facts themselves were both relevant and material. They were offered to show, in substance, that when the agreement of the 30th of July 1867, for the transfer to the defendant and Michael J. Barry of the original contract of Dougherty, Michael Barry, Malone and Seiler with the Western Maryland Railroad Company was made, the plaintiffs were aware that payment by the railroad…
2Cited by6 opinions
- Greenfield v. PhiladelphiaSupreme Court of Pennsylvania · 1925
- W. T. Price, Inc. v. RobbinsSupreme Court of Pennsylvania · 1929
- McCauley v. KellerSupreme Court of Pennsylvania · 1889
- Rohbock v. McCargoSuperior Court of Pennsylvania · 1897
- Gallagher v. SternSuperior Court of Pennsylvania · 1898
1 more not listed; retrieve them via the Exa API.