Legal Opinion

Crozer v. Leland

Supreme Court of Pennsylvania

Decided January 3, 1839PublishedCited by 3 opinions

IN ERROR. This was a writ of error to the Court of Common Pleas of the County of Bucks, to remove the record of an action on the case brought by Samuel Crozer, Robert Crozer, and William Taylor, trustees of “ The Penn’s Manor Meadow Company,” against Joseph Leland. The suit was originally instituted before a justice of the peace; and it came into the Court below on appeal.

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IN ERROR. This was a writ of error to the Court of Common Pleas of the County of Bucks, to remove the record of an action on the case brought by Samuel Crozer, Robert Crozer, and William Taylor, trustees of “ The Penn’s Manor Meadow Company,” against Joseph Leland. The suit was originally instituted before a justice of the peace; and it came into the Court below on appeal. It was brought to recover of the defendant the sum of $79 19, the amount of tax assessed on his land by “ The Penn’s Manor Meadow Company,” for the years 1832, 1833 and 1834. The Penn’s Manor Meadow Company was incorporated…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

— The rejected witness was not only interested as a corporator, but nominally a party on the record. The decision in Harman v. Drinkwater, (1 Greenleaf, 27,) cited in support of his claim to competency, is sustainable on the principle of necessity; but what necessity is there-here? The corporation might have employed a servant for the particular business; and if it has failed to provide the evidence of it which the law requires, it has no reason to complain of the consequences. It is said, however, that- a party to the action, is always…

2Cases cited2 opinions

  1. M'Lughan v. BovardSupreme Court of Pennsylvania · 1835
  2. Bank v. PorterSupreme Court of Pennsylvania · 1833

3Cited by3 opinions

  1. Grubb v. Mahoning Navigation Co.Supreme Court of Pennsylvania · 1850
  2. Keller v. West, Bradley & Cary Manufacturing Co.New York Supreme Court · 1886
  3. Sallade v. Albertson, Pennsylvania Court of Common Pleas, Montgomery County1873

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