Legal Opinion

Stecker v. Shimer

Supreme Court of Pennsylvania

Decided April 4, 1840PublishedCited by 4 opinions

IN ERROR. Ow the return of a writ of error to the Court of Common Pleas of Northampton county, it appeared that John Stecker brought an action on the case in that Court to the use of Robert Levers, Joseph Levers and Lewis Micke, administrators, &c. of George Levers, deceased, against Edward Shimer. The circumstances of the case were as follows:' Matthias Stecker died intestate, seized of real estate, leaving a widow and five children.

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IN ERROR. Ow the return of a writ of error to the Court of Common Pleas of Northampton county, it appeared that John Stecker brought an action on the case in that Court to the use of Robert Levers, Joseph Levers and Lewis Micke, administrators, &c. of George Levers, deceased, against Edward Shimer. The circumstances of the case were as follows:' Matthias Stecker died intestate, seized of real estate, leaving a widow and five children. His real estate was appraised and divided into two purparts. No. 1, was valued at six thousand one hundred and thirty-six dollars, subject to its proportion of…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

The rule that a person cannpt be a witness to invalidate an instrument to which he is a party, is confined to paper strictly negotiable, and which has been actually negotiated. Although then, there is nothing in that exception, yet the witness was properly excluded, on the objection of interest, for if the assignee fails ,to *459recover from the defendant, because nothing was due at the time of the assignment, the witness is liable to refund the amount paid on the implied warranty. Gest v. Espy, (2 Watts, 265.) Crotzer v. Russell, (9 Serg. &…

2Cases cited3 opinions

  1. Crotzer v. RussellSupreme Court of Pennsylvania · 1822
  2. Gest v. EspySupreme Court of Pennsylvania · 1834
  3. Baxter v. GrahamSupreme Court of Pennsylvania · 1836

3Cited by4 opinions

  1. Whitney v. SmithSupreme Court of Minnesota · 1885
  2. Fenton v. FentonSupreme Court of Pennsylvania · 1904
  3. Smith v. DanielsonSuperior Court of Pennsylvania · 1911
  4. Dull v. SlaterSuperior Court of Pennsylvania · 1906

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