Brubaker's Administrator v. Taylor
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: Of May Term 1874, No. 55. This was an action of debt brought February 21st 1871, by Mary Taylor against Simon Brubaker, administrator, &c., of Francis Brubaker, deceased. The cause of action was the following note:— “ Three months after date, I promise to pay to Mary Taylor the sum of thirteen hundred dollars, lawful money of Pennsylvania currency, without interest, for value received.
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Error to the Court of Common Pleas of Lancaster county: Of May Term 1874, No. 55. This was an action of debt brought February 21st 1871, by Mary Taylor against Simon Brubaker, administrator, &c., of Francis Brubaker, deceased. The cause of action was the following note:— “ Three months after date, I promise to pay to Mary Taylor the sum of thirteen hundred dollars, lawful money of Pennsylvania currency, without interest, for value received. My hand and seal this 1st day of January 1852. Francis Brubaker, [seal.]” . The pleas were “nil debet and payment.” The case was tried October 27th 1873,…
1Opinion of the CourtJustice Sharswood
Under the second section of the Act of Assembly of April 15th 1869, Pamph. L. 30, when the plaintiff below was called to the stand as a witness by the defendants they had a right to examine *87her as if under cross-examination — put to her leading questions— and draw from her any facts or admissions which would corroborate their own case or weaken hers. The act provides that “ the party calling for such examination shall not be concluded thereby but may rebut it by counter testimony.” It is evident that she was to be considered in all respects as if originally offered and examined as a witness…
2Cases cited1 opinion
- Zeigler v. SprenkleSupreme Court of Pennsylvania · 1844
3Cited by8 opinions
- Conrad's EstateSupreme Court of Pennsylvania · 1938
- Kimble v. WilsonSupreme Court of Pennsylvania · 1945
- Greenfield v. PhiladelphiaSupreme Court of Pennsylvania · 1925
- Burke v. KennedySupreme Court of Pennsylvania · 1926
- American Bank v. FelderSuperior Court of Pennsylvania · 1915
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