Legal Opinion

Bank of Northern Liberties v. Davis

Supreme Court of Pennsylvania

Decided December 15, 1843PublishedCited by 20 opinions

ERROR to the District Court for the city and county of Philadelphia. Assumpsit for money had and received, money paid and advanced and on an account stated, by Isaac E. Davis and others under the name and style of the Shipley Benevolent Society of the Northern Liberties of Philadelphia, against the Bank o'f the Northern Liberties. The defendants pleaded non assumpsit and payment.

Read the full summary

ERROR to the District Court for the city and county of Philadelphia. Assumpsit for money had and received, money paid and advanced and on an account stated, by Isaac E. Davis and others under the name and style of the Shipley Benevolent Society of the Northern Liberties of Philadelphia, against the Bank o'f the Northern Liberties. The defendants pleaded non assumpsit and payment. The plaintiffs called Alexander P. Milnor, who testified that he w'as first teller of the bank, and was appointed in November 1839. He then proved the bank-book of the account of James J. Richmond, William Winters…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

Leading questions are not allowed on an examina-. tion in chief. But if a witness should appear to be in the interest of the opposite party, or unwilling to give evidence, the court will allow the examination in chief to assume the form of a cross-examination. The mode of examination is regulated by the discretion of the court, according to the disposition and temper of the witnesses; and where these appear to be adverse, the court frequently permits a cross-examination by the party who calls him. So a party cannot discredit the testimony of…

2Cases cited3 opinions

  1. Magill v. KauffmanSupreme Court of Pennsylvania · 1818
  2. Sterling v. Marietta & Susquehanna Trading Co.Supreme Court of Pennsylvania · 1824
  3. Stewart v. Huntingdon BankSupreme Court of Pennsylvania · 1824

3Cited by20 opinions

  1. Evans v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1936
  2. United States v. BuddSupreme Court of the United States · 1892
  3. Selover v. BryantSupreme Court of Minnesota · 1893
  4. Commonwealth v. ReevesSupreme Court of Pennsylvania · 1920
  5. McNerney v. Reading CitySupreme Court of Pennsylvania · 1892

15 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API