Cameron v. Paul
Supreme Court of Pennsylvania
In error from the Common Pleas of Union county. July 28. In the court below, the action was debt, brought by William Cameron against John Paul, one of the parties to a sealed note, of which the following is a copy: « One year after date, we, or either of us, promise to pay William Cameron, or order, two hundred dollars with interest, without defalcation, for value received. «Witness my hand and seals, this 18th day of April, A. u. 1842. $200. A. S. Lewis, [l. s.] John Paul,…
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In error from the Common Pleas of Union county. July 28. In the court below, the action was debt, brought by William Cameron against John Paul, one of the parties to a sealed note, of which the following is a copy: « One year after date, we, or either of us, promise to pay William Cameron, or order, two hundred dollars with interest, without defalcation, for value received. «Witness my hand and seals, this 18th day of April, A. u. 1842. $200. A. S. Lewis, [l. s.] John Paul, [l. s.]” At the trial, before Wilson, P. J., the plaintiff, after giving in, evidence the sealed note, rested. The…
1Opinion of the CourtBell, J.
Whether A. S. Lewis, a co-obligor, not sued, was a competent witness for the defendant to prove a partial payment of the bill single, the only question presented here, is, we think, directly ruled by Berghaus v. Alter, 9 Watts, 386, from which, in principle, this case cannot be distinguished. That determination is based on the broad ground that the witness had no immediate interest in the event of the suit; as any verdict which might be rendered could not be given in evidence either for or against him, in any action brought against himself on the same instrument; nor could his eventual…
2Cases cited4 opinions
- Post v. AverySupreme Court of Pennsylvania · 1843
- Berghaus v. AlterSupreme Court of Pennsylvania · 1840
- Purviance v. DrydenSupreme Court of Pennsylvania · 1817
- Smith v. SillymanSupreme Court of Pennsylvania · 1838