Johnston v. Warden
Supreme Court of Pennsylvania
ERROR to the common pleas of Alleghany county. Assumpsit was brought by Warden, Arthurs & Co., the defendants in error, against Johnston and Rhodes, the plaintiffs in error, to recover the value of castings for ploughs furnished by them at their foundry to the plaintiffs in error. At the trial Abraham Nicholson was produced and sworn as a witness on behalf of the plaintiffs below, who testified that he was in their employ.
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ERROR to the common pleas of Alleghany county. Assumpsit was brought by Warden, Arthurs & Co., the defendants in error, against Johnston and Rhodes, the plaintiffs in error, to recover the value of castings for ploughs furnished by them at their foundry to the plaintiffs in error. At the trial Abraham Nicholson was produced and sworn as a witness on behalf of the plaintiffs below, who testified that he was in their employ. After the castings were got and taken down the river, the witness went to Zanesville, where he-saw Rhodes. Rhodes asked the witness if the plaintiffs below had said any…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This was an action of assumpsit to recover the value of ploughs, &c. furnished, as plaintiffs alleged, to the deféndants, Johnston and Rhodes. The defence was that the goods were furnished to Rhodes alone, and that Johnston was not a partner.
The evidence was objected to on the ground that, although the declaration or admission of each member of a firm that he is a partner is evidence to charge himself, it is no evidence of the fact against any other party. This is conceded, and I do not perceive how the evidence contravenes that principle,…
2Cited by6 opinions
- Edwards v. TracySupreme Court of Pennsylvania · 1870
- Gilchrist v. BrandeWisconsin Supreme Court · 1883
- Reed, Crane & Co. v. Kremer & Co.Supreme Court of Pennsylvania · 1886
- Commonwealth v. JohnstonSuperior Court of Pennsylvania · 1897
- Shafer & Martin v. RandolphSupreme Court of Pennsylvania · 1882
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