Hemphill v. McClimans
Supreme Court of Pennsylvania
From the Nisi Prius, Philadelphia. This was an action of assumpsit to March Term, 1847, by John McClimans against Mrs- Hemphill, to recover for work done in completing a mill. The plea was non assumpsit — non assumpsit in modo et forma. 'Payment with leave, &c. In February, 1841, S. Gr. Hemphill, who was the son of the defendant, contracted mth John and James McClimans for the stone work of a grist-mill which he proposed to erect in Chester county.
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From the Nisi Prius, Philadelphia. This was an action of assumpsit to March Term, 1847, by John McClimans against Mrs- Hemphill, to recover for work done in completing a mill. The plea was non assumpsit — non assumpsit in modo et forma. 'Payment with leave, &c. In February, 1841, S. Gr. Hemphill, who was the son of the defendant, contracted mth John and James McClimans for the stone work of a grist-mill which he proposed to erect in Chester county. John McClimans afterwards commenced the work. After part of the work had been done, fhe plaintiff refused to proceed with the work without…
1Opinion of the Court
. The opinion of the Court was delivered by
Black:, J.
The counsel for the plaintiff in error think that parol evidence of what ■ a written document contained ought not to be received without fuller proof of its loss than was given imthis case. When the judge, who presided at the trial, appears to have been satisfied that the paper is not produced only because it cannot be found after a faithful effort, a court' of error, as a general rule, will accept it as an established fact. He who hears the living voice of the witnesses, and sees the demeanor of the parties or their representatives, while…
2Cited by16 opinions
- Bailey v. PhiladelphiaSupreme Court of Pennsylvania · 1895
- Brenner v. LesherSupreme Court of Pennsylvania · 1938
- Muncey v. Pullman Taxi Service Co.Supreme Court of Pennsylvania · 1920
- Geiselbrecht v. GeiselbrechtSuperior Court of Pennsylvania · 1898
- Holden v. BanesSupreme Court of Pennsylvania · 1891
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