Legal Opinion

Ott v. Houghton

Supreme Court of Pennsylvania

Decided July 1, 1858PublishedCited by 12 opinions

Error to the Common Pleas of Lehigh county. This was an action of assumpsit originally brought before a justice of the peace, by Emery Houghton, for the use of John Snyder, against Thomas J. Ott and Abner D. Mohry, as makers of a non-negotiable note.

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Error to the Common Pleas of Lehigh county. This was an action of assumpsit originally brought before a justice of the peace, by Emery Houghton, for the use of John Snyder, against Thomas J. Ott and Abner D. Mohry, as makers of a non-negotiable note. The following is a copy of the instrument sued upon:— $80. Upper Saucon, July 10, 1852. We, or either of us, promise to pay Emery Houghton, or order, the sum of eighty dollars on the first day of June next, with interest till paid, without defalcation, for value received. This note is given in consideration of a patent to burn lime, which patent…

1Opinion of the Court

The opinion of the court was delivered by

Thompson, J.

— It is always competent for a party, against whom a witness is called, and gives evidence, to propound such questions, on cross-examination, as may tend to show his favour or bias towards the party calling him, if he has reason to believe that any such exists. Interest in the question may, and most generally does, create a bias more or less powerful in the minds' of most witnesses— but this only goes to the credibility and not the competency of the witness; and on this subject it was said, in Cameron v. Montgomery, 13 S. & R. 128, that the…

2Cited by12 opinions

  1. Lenahan v. Pittston Coal Mining Co.Supreme Court of Pennsylvania · 1908
  2. Kaplan v. LoevSupreme Court of Pennsylvania · 1937
  3. Quon v. Furuya Co.Washington Supreme Court · 1914
  4. McGriff v. McGriffSupreme Court of Georgia · 1922
  5. Commonwealth v. NorrisSuperior Court of Pennsylvania · 1925

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