Taylor v. Henderson
Supreme Court of Pennsylvania
IN ERROR.' Writ of error to the Court of Common Pleas of Allegheny eóunty. The action was commenced by a capias in case, bail four thousand dollars, in which John Henderson, the defendant in error, was plaintiff, and Thomas Taylor, Thompson M‘Kean, Samuel K. Page, and William Fitzsimmons, partners, trading under the firm of the Cool Spring Furnace Company, were defendants. The writ was endorsed, “ no bail required of Thompson M‘Kean,” and was returned C. C. and B.B.
Read the full summary
IN ERROR.' Writ of error to the Court of Common Pleas of Allegheny eóunty. The action was commenced by a capias in case, bail four thousand dollars, in which John Henderson, the defendant in error, was plaintiff, and Thomas Taylor, Thompson M‘Kean, Samuel K. Page, and William Fitzsimmons, partners, trading under the firm of the Cool Spring Furnace Company, were defendants. The writ was endorsed, “ no bail required of Thompson M‘Kean,” and was returned C. C. and B.B. The declaration 'was] in the common form on-a promissory note, and stated that Thomas Taylor, Thompson BP Kean, Samuel K. Page,…
1Opinion of the Court
The opinion of the court, (Rogers, J. dissenting,) was delivered by
Gibson, C. J.
Evér since the decision in Steele v. P.hœnix Ins. Co. (3 Binn. 306,).we, have followed the chancery practice of permitting a naked trlistee to testify in favour of the trust, or a party who is on the record, but- otherwise disinterested, to be examined with his own consent. Oii the other hand, there has been no relaxation of the common law rule which-prohibits the examination ■of a defendant by the plaintiff. This rule is supposed to be founded «on the interest which the defendant has as a party; and hence the…
2Cases cited5 opinions
- Steele v. Phoenix InsuranceSupreme Court of Pennsylvania · 1811
- Lang v. KeppeleSupreme Court of Pennsylvania · 1804
- Downey v. Farmers & Mechanics' BankSupreme Court of Pennsylvania · 1825
- Richards v. BickleySupreme Court of Pennsylvania · 1825
- Lessee of Diermond v. StevensonSupreme Court of Pennsylvania · 1798
3Cited by4 opinions
- L. C. Jones Trucking Co. v. Superior Oil Co.Wyoming Supreme Court · 1951
- Harper v. FoxSupreme Court of Pennsylvania · 1844
- Powers v. BraleyMissouri Court of Appeals · 1890
- Dickson v. Collins, Brother & Co.Supreme Court of Alabama · 1850