Mazer v. Kann

Opinion by

Mr. Justice Drew,

Plaintiff, Samuel Mazer, brought this action in assumpsit against defendant, B. Kann, to recover damages alleged to have been sustained by reason of a breach of an oral contract to furnish collateral security for certain notes covering debts of plaintiff to two banks in the City of Pittsburgh. At the opening of the trial, counsel for plaintiff offered in evidence the undenied averments of the statement of claim, and then called his first wit ness. Before plaintiff had any opportunity whatever to offer any testimony, however, counsel for defendant demanded that an…