Legal Opinion

Bott v. Stoner

Supreme Court of Pennsylvania

Decided May 29, 1882No. 26PublishedCited by 1 opinion

Error to the Court of Common Pleas of Lancaster County. Assumpsit, by Margaret Bott against Jacob Staman and J. C. Stoner. The defendant Stoner pleaded non-assumpsit, and non-assumpsit infra sex annos, upon which pleas the case was put at issue.

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Error to the Court of Common Pleas of Lancaster County. Assumpsit, by Margaret Bott against Jacob Staman and J. C. Stoner. The defendant Stoner pleaded non-assumpsit, and non-assumpsit infra sex annos, upon which pleas the case was put at issue. The suit was brought upon a note in the following form: “$1000. Manor, April 1,1868. • ' “ One year after date we, or either of us, promise to pay Margaret Bott, or order, one thousand dollars, with interest at five J per cent., without defalcation, for value received. {50 Ct. 1 u. s. I Rev’ue f Stamp. ) “Jacob Staman, “J. C. Stoner.” The following…

1Opinion of the Court

— Per Curiam:

This suit was-not against the defendants as partners, and the offer, the rejection of which is complained of in the first assignment, was rightly rejected. There was nothing in the evidence offered to show that Staman communicated to Stoner the fact that he was authorized by the plaintiff to speak with him on the subject, and the evidence offered was therefore rightly rejected.

Judgment affirmed.

2Cited by1 opinion

  1. Bahny v. LevySupreme Court of Pennsylvania · 1912

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