Steiner v. Erie Dime Savings & Loan Co.
Supreme Court of Pennsylvania
October 18th 1881. Before Sharswood, O, J., Mecrur, Gordon, Paxson, Trunkey, Sterrett and Green, JJ. Error to the Court of Common Pleas of Erie comity: Of October and November Term 1881, No. 141. Assumpsit by the Erie Dime Savings and Loan Company, against Frank F. Steinei’, administrator of Jolin G. Braun, deceased, upon two promissory notes given by one Henry Stalil as principal, and the said J. G. Braun as surety.
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October 18th 1881. Before Sharswood, O, J., Mecrur, Gordon, Paxson, Trunkey, Sterrett and Green, JJ. Error to the Court of Common Pleas of Erie comity: Of October and November Term 1881, No. 141. Assumpsit by the Erie Dime Savings and Loan Company, against Frank F. Steinei’, administrator of Jolin G. Braun, deceased, upon two promissory notes given by one Henry Stalil as principal, and the said J. G. Braun as surety. The defendant pleaded non assumpsit, and payment with leave to give special matter in evidence. When the case was called for trial, before Brown, P. J., defendant’s counsel moved…
1Opinion of the CourtJustice Paxson
The deposition of Henry Stahl was properly rejected. He was liable in event of a recovery, for the costs, and to this extent at least was interested in defeating the action. Nor was he made competent by the Act of 1869, for the provisions of said Act do not apply to suits by or against administrators. This was a suit against an administrator.
The bank-book, the rejection of which forms the subject of the second specification of error, might possibly have been evidence had the pleadings stood as originally filed. But when the cause was called for trial below, the defendant withdrew the plea of…
2Cases cited1 opinion
- Hamilton v. MooreSupreme Court of Pennsylvania · 1842
3Cited by2 opinions
- Columbia Digger Co. v. RectorDistrict Court, W.D. Washington · 1914
- Bandel v. EricksonSuperior Court of Pennsylvania · 1897