McAdams' Executors v. Stilwell
Supreme Court of Pennsylvania
Error to the Common Pleas of Montgomery county. This was an action of covenant, brought by Joseph Stilwell vs. Robert McAdams, on an indenture of apprenticeship made by Joseph Stilwell, then a minor, by the consent and advice of his father, Samuel Stilwell, and _ which was signed by Joseph Stilwell, Samuel Stilwell, and Robert McAdams, and witnessed by Jacob E. Lukens.
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Error to the Common Pleas of Montgomery county. This was an action of covenant, brought by Joseph Stilwell vs. Robert McAdams, on an indenture of apprenticeship made by Joseph Stilwell, then a minor, by the consent and advice of his father, Samuel Stilwell, and _ which was signed by Joseph Stilwell, Samuel Stilwell, and Robert McAdams, and witnessed by Jacob E. Lukens. The indenture, dated March 4, 1839, contained a covenant to teach the plaintiff the art and mystery of a cordwainer, and the other usual covenants to furnish meats, drink, apparel, freedom suit, &c. This suit was brought for…
1Opinion of the Court
The opinion of the court was delivered by
Bell, J.
There is nothing in the first, fourth, fifth, sixth and seventh errors. Proof, by one of the attesting witnesses, of the due execution of the indenture, was sufficient to enable the plaintiff below, to put it in evidence. It is unnecessary to call all the subscribing witnesses to an instrument to make it competent: 1 Cbeenleaf, sec. 569. But were this otherwise, the rule, of Court spread upon the paper book of the defendant in error, requiring a plea of non est factum to be verified by affidavit, is a sufficient answer to the objection. There…
2Cases cited7 opinions
- Gallup v. ReynoldsSupreme Court of Pennsylvania · 1839
- Benjamin v. BenjaminSupreme Court of Pennsylvania · 1843
- Large v. PassmoreSupreme Court of Pennsylvania · 1819
- Noble v. M'ClintockSupreme Court of Pennsylvania · 1843
- Harris v. HayesSupreme Court of Pennsylvania · 1814
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