Legal Opinion

First National Bank v. Wireback's

Supreme Court of Pennsylvania

Decided October 6, 1884No. 238PublishedCited by 10 opinions

Error to the Court of Common Pleas of Northampton county: Of January Term, 1883, No. 238. Assumpsit, by the First National Bank of Easton, 'Pa., against Uranus Wirebach, executor of Jacob C. Wirebach, deceased, upon a promissory note indorsed by the decedent. .Plea, non-assumpsit.

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Error to the Court of Common Pleas of Northampton county: Of January Term, 1883, No. 238. Assumpsit, by the First National Bank of Easton, 'Pa., against Uranus Wirebach, executor of Jacob C. Wirebach, deceased, upon a promissory note indorsed by the decedent. .Plea, non-assumpsit. Upon the trial, before Meyers, P. J., the following facts appeared: The note in suit, which was for $10,075.92, and dated December 7, 1876, was drawn by Richards & Christman to the order of J. C. Wirebach, and by him endorsed. It was given to take up ten other notes aggregating the same amount, of which W. U.…

1Opinion of the CourtJustice Clark

At the trial of this cause, the testimony of Dr. E. C. Mann, *44a medical expert examined at a former trial, on behalf of the defendants, was admitted ; the plaintiffs objected to the reading of the notes upon several grounds; — that the testimony is based upon a hypothetical state of facts, different from that now proved; that the hypothetical question, in answer to which the witness then testified, is based upon facts, of which no evidence whatever is now given, and, that the plaintiff has a right to cross-examine the witness, upon the basis of the testimony now adduced. We cannot say, from an…

2Cited by10 opinions

  1. McSparran v. HaniganDistrict Court, E.D. Pennsylvania · 1963
  2. Girsh TrustSupreme Court of Pennsylvania · 1963
  3. Nestor v. GeorgeSupreme Court of Pennsylvania · 1946
  4. Moyer v. ætna Life Ins. Co.Court of Appeals for the Third Circuit · 1942
  5. Commonwealth v. WashingtonSuperior Court of Pennsylvania · 1975

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