Davenport v. Freeman
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Potter county. This was an action of assumpsit by Davenport, Wycoff & Co. against Seneca Freeman and Almond Woodcock, founded upon the endorsement by the defendants of the negotiable note of John Earl, Jun. The plaintiffs gave in evidence the note of John Earl, Jun. to the defendants, for $500, and their endorsement of it to the plaintiffs; and then proved the.waiver of protest by the defendants.
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ERROR to the Common Pleas of Potter county. This was an action of assumpsit by Davenport, Wycoff & Co. against Seneca Freeman and Almond Woodcock, founded upon the endorsement by the defendants of the negotiable note of John Earl, Jun. The plaintiffs gave in evidence the note of John Earl, Jun. to the defendants, for $500, and their endorsement of it to the plaintiffs; and then proved the.waiver of protest by the defendants. The defendants then offered John Earl, Jun. as a witness to prove that the endorsement of the note by the defendants was upon a condition and for a purpose; which had not…
1Opinion of the Court
The opinion of the Court -was delivered by
Sergeant, J.
Both the objections made in the court below to the competency of Earl as a witness, have been already repeatedly decided by this court to be sufficient. The first is, that he is interested in procuring a verdict for the defendants; for, although he would be liable to a suit by the plaintiffs on his note, notwithstanding they should fail here, yet if they succeed, he would be liable over to the defendants, the endorsers, for the costs of this suit, in addition. He has therefore more to gain by the defendants’ success, than by the…
2Cases cited10 opinions
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- Bank of Pennsylvania v. M'CalmontSupreme Court of Pennsylvania · 1833
- Griffith v. RefordSupreme Court of Pennsylvania · 1829
- Harrisburg Bank v. ForsterSupreme Court of Pennsylvania · 1839
- Gest v. EspySupreme Court of Pennsylvania · 1834
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3Cited by1 opinion
- Talmage v. Burlingame & IronsSupreme Court of Pennsylvania · 1848