Car v. Elsbree
Superior Court of Pennsylvania
Appeal, No. 54, Jan. T., 1902, by-defendant, from judgment of C. P. Bradford Co., Sept. T., 1899, No. 217, on verdict for plaintiff in case of Athens Car and Coach Company, now to use of C. W. Tidd, Assignee, v. J. L. Elsbree. Assumpsit upon stock subscription.
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Appeal, No. 54, Jan. T., 1902, by-defendant, from judgment of C. P. Bradford Co., Sept. T., 1899, No. 217, on verdict for plaintiff in case of Athens Car and Coach Company, now to use of C. W. Tidd, Assignee, v. J. L. Elsbree. Assumpsit upon stock subscription. Before Dunham, P. J. At the trial the following offer was made: Mr. Maynard: We now offer in evidence this subscription list marked, “ Exhibit A,” to be followed by evidence showing that Mr. Elsbree paid a certain amount on this subscription, amounting to thirty per cent of the entire subscription. Mr. Maxwell: We object to the offer.…
1Opinion of the Court
Opinion by
William W. Porter, J.,
Failure to append to the statement of claim, a copy of the *621writing sued upon may defeat judgment for want of sufficient affidavit of defense, and may subject the plaintiff to rule for more specific statement, or to demurrer. After plea pleaded and issue 'joined upon the statement, the failure to appends copy does not prevent admission of the original writing in evidence if properly proven at the trial: Schofield v. Lafferty, 17 Pa. Superior Ct. 8. This disposes of the first assignment. The appellant complains by his second assignment that a witness was…
2Cases cited2 opinions
- Swearingen v. Sewickley Dairy Co.Supreme Court of Pennsylvania · 1901
- Schofield v. LaffertySuperior Court of Pennsylvania · 1901