Hay v. Kramer
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Allegheny county. Allen Kramer against John Hay. This action upon a book-account originated before a justice of the peace, and was brought into court by appeal. Two of the entries in the plaintiff’s books were in the handwriting of George Anshutz, of whose absence the following proof was made: “ I saw George Anshutz between eight and ten weeks ago, at Cincinnati, working on the boat of which he is the captain for New Orleans.
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ERROR to the Common Pleas of Allegheny county. Allen Kramer against John Hay. This action upon a book-account originated before a justice of the peace, and was brought into court by appeal. Two of the entries in the plaintiff’s books were in the handwriting of George Anshutz, of whose absence the following proof was made: “ I saw George Anshutz between eight and ten weeks ago, at Cincinnati, working on the boat of which he is the captain for New Orleans. He is not in this county now. I believe he resides in Pittsburgh. He is the captain of a boat, and is temporarily absent.” The defendant…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The first error assigned is the admission of the books of original entries of the plaintiff, to establish the sale and delivery of the articles. All these entries were proved by the plaintiff, Kramer, except the two first items, which were in the hand-writing of Anshutz. Abbot, a witness for the plaintiff, proved the hand-writing of Anshutz, and stated that he saw him eight or ten weeks ago at Cincinnati, working on the boat of which he was captain for New Orleans; that he was not in this county now. He believed he resided at Pittsburgh. He…
2Cases cited2 opinions
- Thomson v. HopperSupreme Court of Pennsylvania · 1841
- Bell v. Lessee of WetherillSupreme Court of Pennsylvania · 1816
3Cited by7 opinions
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- Peck v. New York & Liverpool United States Mail Steamship Co.The Superior Court of New York City · 1859
- McKelvy's AppealSupreme Court of Pennsylvania · 1873
- King v. PostSupreme Court of Colorado · 1888
- Odell v. CulbertSupreme Court of Pennsylvania · 1845
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