Legal Opinion

Baring v. Shippen

Supreme Court of Pennsylvania

Decided December 26, 1809PublishedCited by 22 opinions

IN ERROR. TPON error to the Circuit Court of Bucks county the I I ■ J case w as thus: Qn the second of November 1798 the defendant signed a ° bond and warrant ot attorney for the payment of six thouSand dollars to John Browne Cutting, who on the 15th No- ° vember assigned it under his hand and seal m the presence of w*tnessesi to Baring the plaintiff; and on the 2d July 1800 judgment was confessed in the Common Pleas of Bucks county.

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IN ERROR. TPON error to the Circuit Court of Bucks county the I I ■ J case w as thus: Qn the second of November 1798 the defendant signed a ° bond and warrant ot attorney for the payment of six thouSand dollars to John Browne Cutting, who on the 15th No- ° vember assigned it under his hand and seal m the presence of w*tnessesi to Baring the plaintiff; and on the 2d July 1800 judgment was confessed in the Common Pleas of Bucks county. On the 2d May 1801 the defendant moved the court to stay proceedings, upon an affidavit which stated, that at the time she signed the bond and warrant, she was…

1Opinion of the Court

Tilghman C. J.

I shall consider this cause under three points of view.

1. Was any part of Cutting’s answer evidence?

2. Was there any part of it which was not evidence?

3. If there were parts not evidence, have any circumstances arisen, which preclude the plaintiff from the benefit of his exceptions?

1. Several objections have been made to the answer of Cutting in toto. First, it is said, that he was an incompetent witness, because he had assigned the bond which his testimony tends to invalidate. It is not pretended that he was interested in supporting the defendant’s plea. On the contrary, if he…

2Cases cited2 opinions

  1. Pleasants v. PembertonSupreme Court of the United States · 1793
  2. Johnson v. ChaffantSupreme Court of Pennsylvania · 1803

3Cited by22 opinions

  1. Obermyer v. NicholsSupreme Court of Pennsylvania · 1813
  2. Baird indorsee of M'Donnell v. Cochran & DowlingSupreme Court of Pennsylvania · 1818
  3. Bank of Montgomery County v. WalkerSupreme Court of Pennsylvania · 1823
  4. Hill v. ElySupreme Court of Pennsylvania · 1819
  5. Bauer v. RothSupreme Court of Pennsylvania · 1833

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