Legal Opinion

Freyvogel v. Anderson

Supreme Court of Pennsylvania

Decided January 5, 1880No. 10PublishedCited by 7 opinions

Appeal from the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1879, No. 10. In Equity. Bill in equity, filed by Henry A. Freyvogel, against William J. Anderson, for a partnership account. During the pendency of the proceedings, John O’Keefe, assignee in bankruptcy of Henry A. Ereyvogel, was substituted for said Ereyvogel, and Malcolm Hay, administrator of William J. Anderson, for said decedent.

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Appeal from the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1879, No. 10. In Equity. Bill in equity, filed by Henry A. Freyvogel, against William J. Anderson, for a partnership account. During the pendency of the proceedings, John O’Keefe, assignee in bankruptcy of Henry A. Ereyvogel, was substituted for said Ereyvogel, and Malcolm Hay, administrator of William J. Anderson, for said decedent. The case was referred to two masters, and from the facts, as found by said masters, it appeared that from 1864 until 1868 Ereyvogel and Anderson were partners, under…

1Opinion of the CourtJustice Sterrett

_ It is claimed in the 1st assignment of error that the testimony pf the plaintiff below should have been stricken out, because the defendant died pending the proceedings before the master and before the witness was cross-examined.

It appears that on February 1st 1875, the plaintiff Freyvogel was sworn as a witness in his own behalf, and his examination-in-chief was continued at the next- meeting. ' The hearing was then adjourned for a week, and again until the 18th of the same month, at which time, the defendant being absent, his counsel declined to cross-examine. The examination-in-chief was…

2Cited by7 opinions

  1. Froess v. FroessSupreme Court of Pennsylvania · 1925
  2. Wood v. WoodSupreme Court of Pennsylvania · 1933
  3. Moffett v. PeirceSupreme Court of Pennsylvania · 1941
  4. Wells v. New England Mutual Life InsuranceSupreme Court of Pennsylvania · 1898
  5. Miller Unemployment Compensation CaseSuperior Court of Pennsylvania · 1961

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