Murphy v. McMullin
Supreme Court of Pennsylvania
Appeal, No. 127, Oct. T., 1907, by defendants, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1904, No. 133, on verdict for plaintiff in case of John Murphy v. M. K. McMullin and F. A. Clark, trading as M. K. McMullin & Company.
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Appeal, No. 127, Oct. T., 1907, by defendants, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1904, No. 133, on verdict for plaintiff in case of John Murphy v. M. K. McMullin and F. A. Clark, trading as M. K. McMullin & Company. Assumpsit to recover the value of certain stocks pledged by the plaintiff to the defendants as collateral for a loan of $4,000. Before Young, J. At the trial it appeared that plaintiff borrowed from defendants $4,000 and pledged certain stock as collateral for the debt. Plaintiff claimed that subsequently he paid $2,000 on account of the loan and thereafter…
1Opinion of the Court
Per Curiam,
The memorandum offered as well as the books by which it was to be followed, was in defendant’s own interest. It was not part of the res gestae, for several reasons, the principal and conclusive one of which was that it was a secret act of the defendant of which the other party had no notice and therefore could not under any rule be supposed to acquiesce in by silence. The cases where such declarations or memoranda become evidence are where the claim is challenged as an afterthought and it becomes material to show that it was, as it purports to be, cotemporary with the transaction..…
2Cited by5 opinions
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- Osterling v. Allegheny Trust Co.Supreme Court of Pennsylvania · 1918
- Marino v. VecchioSuperior Court of Pennsylvania · 1924
- Miles' EstateSuperior Court of Pennsylvania · 1917
- Sabo v. Stefan, Pennsylvania Court of Common Pleas, Northampton County1922