Hottle v. Weaver
Supreme Court of Pennsylvania
Appeal, No. 220, Jan. T., 1902, by defendant, from judgment of C. P. Bucks Co., Sept. T., 1901, No. 57, on verdict for plaintiff in case of Henry Hottle and Daniel M. Landis, Committee of the Person and Estate of Henry Hottle, a Lunatic, v. Milton H. Weaver. Assumpsit on three promissory notes. Before Yerkes, P. J. At the trial it appeared that Henry Hottle was a lunatic, and that the defendant was a physician who had attended Henry Hottle and Hottle’s deceased wife.
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Appeal, No. 220, Jan. T., 1902, by defendant, from judgment of C. P. Bucks Co., Sept. T., 1901, No. 57, on verdict for plaintiff in case of Henry Hottle and Daniel M. Landis, Committee of the Person and Estate of Henry Hottle, a Lunatic, v. Milton H. Weaver. Assumpsit on three promissory notes. Before Yerkes, P. J. At the trial it appeared that Henry Hottle was a lunatic, and that the defendant was a physician who had attended Henry Hottle and Hottle’s deceased wife. The defendant’s account against the wife was 1546.50. Elisha H. Weaver testified that at the time one of the notes was given…
1Opinion of the Court
Per Curiam,
The memorandum in the defendant’s book of original entries was in form a receipt by defendant for a conditional payment by plaintiff on account of the charges in the book against him. As against the note sued on the condition was in relief of defendant, and even if the receipt had been signed by him, it would not have been evidence in his favor, while being retained in his own possession. A party cannot make evidence for himself in that way. There was nothing therefore to take this entry out of the ordinary category of a written memorandum of a conversation or a contract made by…
2Cited by8 opinions
- Paperry v. RybackSupreme Court of Pennsylvania · 1930
- Dinger v. FriedmanSupreme Court of Pennsylvania · 1924
- Markee v. ReyburnSupreme Court of Pennsylvania · 1917
- Osterling v. Allegheny Trust Co.Supreme Court of Pennsylvania · 1918
- Book v. Book, Pennsylvania Court of Common Pleas, Lancaster County1934
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