Danley v. Danley
Supreme Court of Pennsylvania
Appeal, No. 72, Oct. T., 1896, by defendants, from judgment of C. P. Washington Co., Aug. T., 1895, No. 98, on verdict for plaintiff. Assumpsit upon a promissory note. Before Taylor, J. At the trial it appeared that the note sued upon was for $640, and was dated July 26, 1875. The maker of the note, S. S. Danley, died in 1891, leaving two sons, H. P. Danley and John S. Danley, his executors. On July 1, 1895, this suit was brought.
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Appeal, No. 72, Oct. T., 1896, by defendants, from judgment of C. P. Washington Co., Aug. T., 1895, No. 98, on verdict for plaintiff. Assumpsit upon a promissory note. Before Taylor, J. At the trial it appeared that the note sued upon was for $640, and was dated July 26, 1875. The maker of the note, S. S. Danley, died in 1891, leaving two sons, H. P. Danley and John S. Danley, his executors. On July 1, 1895, this suit was brought. Plaintiff offered in evidence the note, the execution of which was not denied, and rested. The note had a number of credits indorsed on the back of it. The…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The only question raised on' this appeal is whether the learned court below erred in allowing the plaintiff to testify to a declaration of her husband, corroborative of her claim that she never received anything represented by the credits on the note in suit. The testimony was objected to on the ground that she was not competent to testify to any declaration made by her husband. Previous to the offer of the testimony the plaintiff had been compelled by the defendant to testify as if under cross-examination. The purpose of the cross-examination was to show by her…
2Cited by18 opinions
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- Murray v. FrickSupreme Court of Pennsylvania · 1923
- Shannon v. CastnerSuperior Court of Pennsylvania · 1902
- Huffman v. SimmonsSuperior Court of Pennsylvania · 1938
- Morgan v. GambleSupreme Court of Pennsylvania · 1911
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