Morgan v. Browne
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 9, to January Term 1872. This was an action of covenant on a lease, commenced July 19th 1870, by Gr.
Read the full summary
Error to the District Court of Philadelphia: No. 9, to January Term 1872. This was an action of covenant on a lease, commenced July 19th 1870, by Gr. Blight Browne, against Joshua Morgan, Edwin L. Morgan and Arthur Orr, trading as Morgan, Orr & Co. The declaration was on a lease dated May 1st 1866, from the plaintiff to the defendants, for a lot and the buildings on it from May 1st 1866, for ten years, at an annual rent of $1500, payable quarterly, averring that the defendants have entered into possession of the premises under the lease and there was due of the rent on the 1st of May 1870,…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
The testimony offered by defendants below— the rejection of which is complained of in the 1st assignment of errors, was clearly incompetent. The witness was asked what were his rights under a lease which was in writing and in evidence. It is very manifest, that any answer could only have been the opinion of the witness, and inadmissible.
•The second assignment complains of the exclusion of an offer by the defendants below, to prove the terms agreed upon by Peter A. Browne and A. V. Cooke, as to the occupancy by Cooke of the twenty-two feet…
2Cases cited1 opinion
- Smull v. JonesSupreme Court of Pennsylvania · 1843
3Cited by4 opinions
- Commonwealth v. EVANSSuperior Court of Pennsylvania · 1959
- Myers v. Kingston Coal Co.Supreme Court of Pennsylvania · 1889
- Kershner v. KemmerlingSuperior Court of Pennsylvania · 1904
- Commonwealth v. EVANSSuperior Court of Pennsylvania · 1959