Morgan v. Lehigh Valley Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 302, Jan. T., 1906, by defendant, from order of C. P. Luzerne Co., March T., 1901, No. 274, dismissing exceptions to report of referee in case of Kate Morgan, administratrix of R. R. Morgan, deceased, y. The Lehigh, "Valley Coal Company. Exceptions to report of "William C. Price, Esq., Referee.
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Appeal, No. 302, Jan. T., 1906, by defendant, from order of C. P. Luzerne Co., March T., 1901, No. 274, dismissing exceptions to report of referee in case of Kate Morgan, administratrix of R. R. Morgan, deceased, y. The Lehigh, "Valley Coal Company. Exceptions to report of "William C. Price, Esq., Referee. From the record it appeared that the suit was brought against the defendant to recover money alleged to have been paid by R. R. Morgan for goods furnished to a store owned by the defendant, and also for the amount of salary claimed to be due decedent as superintendent. The referee found the…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
We must consider first whether it was error for the referee to refuse to admit the assignment of Wilbur and wife offered at the hearing and to exclude the testimony of Wilbur. The assignment offered was intended to be in the nature of a release or an extinguishment of the interest of the parties in order to qualify Wilbur as a witness. The sixth section of the Act of May 23, 1887, P. L. 158, provides in substance that a witness incompetent on the ground of interest may become competent by a release of that interest made in good faith, but it is also provided in the…
2Cases cited8 opinions
- Torrey v. City of Scranton, Pennsylvania Court of Common Pleas, Lackawanna County1890
- M. Darragh & Co. ex rel. Darragh v. StevensonSupreme Court of Pennsylvania · 1898
- Verstine v. YeaneySupreme Court of Pennsylvania · 1904
- Messmore v. MorrisonSupreme Court of Pennsylvania · 1896
- Semple v. CallerySupreme Court of Pennsylvania · 1898
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3Cited by7 opinions
- Carroll v. HannanSupreme Court of Pennsylvania · 1927
- MacHnofsky v. SmithSuperior Court of Pennsylvania · 1931
- Tribulas v. Continental Equitable Title & Trust Co.Supreme Court of Pennsylvania · 1937
- Alexander v. Fidelity Trust Co.District Court, E.D. Pennsylvania · 1915
- Coyle v. Laster, Pennsylvania Court of Common Pleas, Philadelphia County1958
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