Carey v. Bright
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Schuylkill county: to January Term 1865, No..226. This was an action of trover to June Term 1863, in which George Bright, William H. Schall and Walter Sedgwick were plaintiffs, and Henry C. Carey, El. Hart and Griffith T. Jones were defendants.
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Error to the Court of Common Pleas of Schuylkill county: to January Term 1865, No..226. This was an action of trover to June Term 1863, in which George Bright, William H. Schall and Walter Sedgwick were plaintiffs, and Henry C. Carey, El. Hart and Griffith T. Jones were defendants. The action was brought for the conversion of certain personal property used about collieries, which the plaintiffs claimed to have purchased at sheriff’s sale as the goods of the firm of Kirk & Baum: the defendants claimed the goods by virtue of a sale by Kirk & Baum to them. On the 1st of July 1852, Henry C.…
1Opinion of the Court
The opinion of the court was delivered, February 6th 1868, by
Sharswood, J.
It is clear that James S. Kirk was an interested witness, and incompetent to testify on behalf of the plaintiffs below. They had been the plaintiffs in a judgment confessed by the witness and his partner Baum to them in trust for certain of their creditors. By a sheriff’s sale under an execution issued on this judgment they had become the purchasers of the personal property which was the subject-matter of this action of trover. Of course they could only hold it as trustees, and the witness Kirk had a direct interest in…
2Cases cited7 opinions
- Voorhis v. FreemanSupreme Court of Pennsylvania · 1841
- Bristol v. BurtNew York Supreme Court · 1810
- Snowden v. WarderSupreme Court of Pennsylvania · 1831
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- Rapp v. PalmerSupreme Court of Pennsylvania · 1834
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3Cited by16 opinions
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- First Camden Nat. Bank & Trust Co. v. J. R. Watkins Co.Court of Appeals for the Third Circuit · 1941
- Edmonds v. First National BankSupreme Court of Pennsylvania · 1906
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