Hart v. Heilner
Supreme Court of Pennsylvania
IN ERROR. On a writ of error to the District Court for the city and county of Philadelphia, it appeared that the plaintiffs in error Thomas and William H. Hart brought this action on a promissory note drawn by Samuel Heilner fy Co. dated the 14th of June, 1816, at sixty days, after date for $405,74 in favour of Conrad Krider, by whom it was endorsed to the plaintiffs.
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IN ERROR. On a writ of error to the District Court for the city and county of Philadelphia, it appeared that the plaintiffs in error Thomas and William H. Hart brought this action on a promissory note drawn by Samuel Heilner fy Co. dated the 14th of June, 1816, at sixty days, after date for $405,74 in favour of Conrad Krider, by whom it was endorsed to the plaintiffs. The suit was marked to the use of William H. Hart and in order to introduce Thomas Hart one of the plaintiffs as a witness, the following instrument was drawn up and executed at the bar: “ Hart v. Heilner et al. — District…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
The only question to be decided in this case is, whether one of two in an action of assumpsit brought by as indorsees of a promissory note, after having assigned upon the trial of the cause all his interest and right therein to the other, who had paid into court all the costs of the suit, can be examined as a witness for the plaintiff to whom he has assigned..
*409The rule of law which excluded a party to the suit upon the record from being a witness on the trial of if, although but a mere naked trustee without any real interest, never, I think,…
2Cases cited5 opinions
- Scott v. Detroit Young Men's Society's LesseeMichigan Supreme Court · 1843
- Steele v. Phoenix InsuranceSupreme Court of Pennsylvania · 1811
- Patton's administrators v. AshSupreme Court of Pennsylvania · 1821
- M'Ilroy v. M'IlroySupreme Court of Pennsylvania · 1829
- Kerns v. SoxmanSupreme Court of Pennsylvania · 1827
3Cited by8 opinions
- Gordon v. BowersSupreme Court of Pennsylvania · 1851
- Haynes v. HunsickerSupreme Court of Pennsylvania · 1856
- Orr v. Carnegie Natural Gas Co.Superior Court of Pennsylvania · 1896
- State ex rel. Zuntz v. Judge of the Fifth District CourtSupreme Court of Louisiana · 1878
- Anderson v. His CreditorsSupreme Court of Louisiana · 1881
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