M'Credy v. Schuylkill Navigation Co.
Supreme Court of Pennsylvania
This was a writ of error to tbe Court of Common Pleas of tbe County of Delaware, to remove tbe record of an action of covenant, brought by Bernard M'Credy, against Tbe President, Managers and Company of tbe Schuylkill Navigation Company. The action was brought in tbe Common Pleas of Montgomery County to August term, 1834, and removed for trial to Delaware County.
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This was a writ of error to tbe Court of Common Pleas of tbe County of Delaware, to remove tbe record of an action of covenant, brought by Bernard M'Credy, against Tbe President, Managers and Company of tbe Schuylkill Navigation Company. The action was brought in tbe Common Pleas of Montgomery County to August term, 1834, and removed for trial to Delaware County. Tbe declaration set forth,-— “ That whereas by certain articles of agreement made, at Montgomery county aforesaid, tbe eighth day of October, in the year of our Lord one thousand eight hundred and nineteen, between the aforesaid £<…
1Opinion of the CourtHibson, C. J.
As was determined in M‘Reynolds v. M'Cord, (6 Watts, 288,) evidence of contents must be preceded by proof of existence, which includes proof of execution. The rule has long been established, with this qualification, however, that proof of suppression or destruction, by the party to be affected, where no better can be had, be taken for proof of execution. That, however, is strictly not a qualification, but a subjunction of the rule, that the best evidence be produced. - How stood the preliminary proofs, when the offer was submitted ? Of delivery, which is an integrant part of execution, there…
2Cases cited3 opinions
- Parker v. WellsSupreme Court of Pennsylvania · 1841
- West Buffaloe Township v. Walker TownshipSupreme Court of Pennsylvania · 1838
- M'Reynolds v. M'CordSupreme Court of Pennsylvania · 1837