Clarke v. Allen
Supreme Court of Pennsylvania
APPEAL BY THE DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 2 OF PHILADELPHIA COUNTY. No. 327, January Term 1889, Sup. Ct.; court below, No. 597 December Term 1888, C. P. No. 2. On January 5,1889, Robert Clarke brought assumpsit against William D. Allen to recover on a promissory note for $258.30, payable by the defendant to the plaintiff three months after date.
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APPEAL BY THE DEFENDANT FROM THE COURT OF COMMON PLEAS NO. 2 OF PHILADELPHIA COUNTY. No. 327, January Term 1889, Sup. Ct.; court below, No. 597 December Term 1888, C. P. No. 2. On January 5,1889, Robert Clarke brought assumpsit against William D. Allen to recover on a promissory note for $258.30, payable by the defendant to the plaintiff three months after date. The defendant filed an affidavit of defence averring: “The plaintiff is an insurance solicitor, and, before going into that business, had been in the' employ of the defendant. After going into the insurance business, plaintiff…
1Per curiam
In Martin v. Berens, 67 Pa. 459, it was said by the late Mr. Justice Williams, that “where parties, without any fraud or mistake, have deliberately put their engagements in writing, the law declares the writing to be not only the best, but the only evidence of their agreement, and we are not disposed to relax the rule. It has been found to be a wholesome one, and. now that parties are allowed to testify in their own behalf, the necessity of adhering strictly to it is all the more imperative.”
Without a wide departure from the doctrine of that and kindred cases, the court below could not have…
2Cases cited1 opinion
- Martin & Monroe v. BerensSupreme Court of Pennsylvania · 1871
3Cited by17 opinions
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- Clinch Valley Coal & Iron Co. ex rel. Grove v. WillingSupreme Court of Pennsylvania · 1897
- Sokoloff v. StrickSupreme Court of Pennsylvania · 1961
- Ziegler v. McFarlandSupreme Court of Pennsylvania · 1892
- Second National Bank v. YeagerSupreme Court of Pennsylvania · 1920
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