Asay v. Hay
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of duly Term 1878, No. 16. Assumpsit by Alexander Hay against A. Merritt Asay, on a promissory note, drawn by defendant to the order of A. M. Stout, and by the latter endorsed to plaintiff. At the trial, before Elcock, J., the plaintiff gave the note in evidence, and proved the consideration for the endorsement by Stout and rested. The endorsement was proved by Dr. Thomas Hay.
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Error to the Court of Common Pleas, No. 4, of Philadelphia county: Of duly Term 1878, No. 16. Assumpsit by Alexander Hay against A. Merritt Asay, on a promissory note, drawn by defendant to the order of A. M. Stout, and by the latter endorsed to plaintiff. At the trial, before Elcock, J., the plaintiff gave the note in evidence, and proved the consideration for the endorsement by Stout and rested. The endorsement was proved by Dr. Thomas Hay. The defendant testified that the note in suit was one of a series of notes which he had given for the joint accommodation of plaintiff and Stout; that…
1Opinion of the CourtJustice Trunkey
The rulings of the learned judge, with a single exception set forth in the third assignment, are so clearly right as to need no vindication.
After the defence closed, the plaintiff called Dr. Thomas Hay, who testified to the defendant’s admissions of indebtedness on the note in suit. That this testimony was pertinent and material is conceded. The defendant offered to rebut it by his own testimony, which was denied. We have examined the bill of exceptions, and fail to find anything to justify overruling the offer. "At an earlier stage in the trial, it certainly was not competent for the…
2Cited by4 opinions
- Hoffman v. Berwind-White Coal Mining Co.Supreme Court of Pennsylvania · 1920
- Jarvis v. BellSupreme Court of Pennsylvania · 1929
- Schoen v. ElsasserSupreme Court of Pennsylvania · 1934
- Fisher v. Groff, Pennsylvania Court of Common Pleas, Lancaster County1955