Hildeburn v. Curran
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: To July Term 1869, No. 156. This was an action of assumpsit brought, November 2d 1867, by P. H. Curran against Joseph H. Hildeburn and Henry M. Hildeburn, trading as Hildeburn & Brother. The cause of action was the following note: — • “$1000.00 Philadelphia, March 1st 1867. “ Ninety days after date we promise to pay to the order of P. H. Curran one thousand dollars without defalcation value received. “ Hildeburn & Bao.
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Error to the District Court of Philadelphia: To July Term 1869, No. 156. This was an action of assumpsit brought, November 2d 1867, by P. H. Curran against Joseph H. Hildeburn and Henry M. Hildeburn, trading as Hildeburn & Brother. The cause of action was the following note: — • “$1000.00 Philadelphia, March 1st 1867. “ Ninety days after date we promise to pay to the order of P. H. Curran one thousand dollars without defalcation value received. “ Hildeburn & Bao. “Endorsed, P. H. Curran.” The pleas were non assumpsit and set-off, of which notice was given. The case was tried, April 20th 1869,…
1Opinion of the Court
The opinion of the court was delivered, February 28th 1870, by
Sharswood, J.
The first assignment of error is, that the court *63below erred in rejecting evidence offered for tbe purpose of contradicting a witness examined on behalf of tbe plaintiff below. Tbe declaration was on a note given, as was alleged, for services due tbe plaintiff, as tbe salesman of tbe defendants, with tbe common counts. One of tbe questions involved in tbe controversy appears to bave been tbe period of time tbe plaintiff bad been in tbe service of tbe defendants. He bad been absent abroad and returned. Tbe witness bad…
2Cases cited1 opinion
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