Pratt v. Patterson
Supreme Court of Pennsylvania
Certificate from Nisi Prius : Of July Term 1870, No. 205. This was an action of assumpsit brought July 11th 1870, by Dundas T. Pratt, againt George Patterson. After the case was at issue the death of defendant was suggested, and Lydia Patterson and Frederick Patterson, his executors, were substituted. The action was for the recovery of commissions for the sale of real estate by the plaintiff for the decedent.
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Certificate from Nisi Prius : Of July Term 1870, No. 205. This was an action of assumpsit brought July 11th 1870, by Dundas T. Pratt, againt George Patterson. After the case was at issue the death of defendant was suggested, and Lydia Patterson and Frederick Patterson, his executors, were substituted. The action was for the recovery of commissions for the sale of real estate by the plaintiff for the decedent. The case was tried March 12th 1874, before Mr. Justice Williams at Nisi Pi'ius. A suit had been previously brought between the same parties for the same cause of action in the District…
1Opinion of the CourtJustice Mercur
The plaintiff brought this suit to recover commissions as a real *117estate broker. In a former suit between him and the testator, about the same subject-matter each party had testified and the testimony had been reduced to writing. The verdict in that case was set aside and the suit discontinued. This suit was afterwards brought between the same parties. Before the trial the defendant died and his executors were substituted. On the trial the notes of the plaintiff’s testimony taken in the former suit were offered in evidence and rejected by the court. This is assigned for error.
The competency of…
2Cited by9 opinions
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- Stream v. BarnardOhio Supreme Court · 1929
- Wells v. New England Mutual Life InsuranceSupreme Court of Pennsylvania · 1898
- Keim v. City of ReadingSuperior Court of Pennsylvania · 1907
- Thornton v. Britton, Pennsylvania Court of Common Pleas, Fayette County1891
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