Graves v. Griffin
Supreme Court of Pennsylvania
Error, to the Common Pleas of Tioga county. This was an appeal from the judgment of a justice of the peace in a suit by H. B. Graves and John H. Graves v. Angus Griffin and A. & J. Griffin. It was a suit on a note given by defendants to the plaintiffs for the difference in value between a yoke of oxen and a span of horses. The note was for $67.50, dated 15th February, 1847. The pleas were nil debet, set-off, and payment with leave^ &c.
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Error, to the Common Pleas of Tioga county. This was an appeal from the judgment of a justice of the peace in a suit by H. B. Graves and John H. Graves v. Angus Griffin and A. & J. Griffin. It was a suit on a note given by defendants to the plaintiffs for the difference in value between a yoke of oxen and a span of horses. The note was for $67.50, dated 15th February, 1847. The pleas were nil debet, set-off, and payment with leave^ &c. Oh the trial Joseph Rouse was offered on the part of the defendants to prove that H. B. Graves, one of the plaintiffs, told him that it had been agreed between…
1Opinion of the Court
The opinion of the Court, filed was delivered by
Woodward, J.
The only question we have here is, whether Joseph Rouse was a competent witness. On the principle of Post v. Avery, Kelley v. Eickman, 3 Wharton 419 and 5 Wharton 446; Patterson v. Reid, 7 W. & Ser. 145; Phinney v. Tracy, 1 Barr 173; McClelland v. Mahon, Id. 364; Clover v. Painter, 2 Barr 46; Muirhead v. Kirkpatrick, Id. 425, he clearly was not. Though not a party to the record, he should have been excluded', whether his assignment were real or fictitious ; for whilst one of tM parties to a contract in litigation is denied the…
2Cases cited2 opinions
- Kelly v. EichmanSupreme Court of Pennsylvania · 1838
- Kelly v. EichmanSupreme Court of Pennsylvania · 1840