M'Manus v. M'Culloch
Supreme Court of Pennsylvania
ERROR, to the common pleas of Allegheny county. ■ Henry M’Culloch against the administrator of Bernard M’Ma-nus. This was an action of assumpsit to recover the price of goods sold and delivered by the plaintiff to James M’Dermott. The plaintiff having given evidence of the sale and delivery of the goods to M’Dermott, and M’Manus’s promise to pay for them, the defendant gave in evidence the following deposition.
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ERROR, to the common pleas of Allegheny county. ■ Henry M’Culloch against the administrator of Bernard M’Ma-nus. This was an action of assumpsit to recover the price of goods sold and delivered by the plaintiff to James M’Dermott. The plaintiff having given evidence of the sale and delivery of the goods to M’Dermott, and M’Manus’s promise to pay for them, the defendant gave in evidence the following deposition. The defendants to maintain the issues on their part, read the deposition of Hugh Carragan, who being duly sworn according to law, did depose and say: “ I am acquainted with the…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
Two matters in the charge of the court to the jury have been assigned for error. In the first, we perceive nothing wrong : but in the second, we think the court erred. The counsel, on the trial, for the defendant below, who is the plaintiff in error here, read in evidence to the court and jury the deposition of Hugh Carragan, who, among other things, testified, that in the fall of 1833, M’Culloch asked M’Manus, the intestate, being then in full life, to settle, that is, to pay the demand in question; the latter refused, said he had nothing…
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