Beaver v. Beaver
Supreme Court of Pennsylvania
Error to the Common Pleas of Chester county. This was an action of assumpsit, by Eliza Beaver and Henry Kauffman, administrators, &c., of John Beaver, deceased, v. Samuel ■Beaver, in which the plaintiffs claimed the one-half of an alleged loss of $557.02, on the sale of apples, in the purchase of which he alleged the decedent and the defendant were concerned; and also one-half of the interest on.the money invested therein.
Read the full summary
Error to the Common Pleas of Chester county. This was an action of assumpsit, by Eliza Beaver and Henry Kauffman, administrators, &c., of John Beaver, deceased, v. Samuel ■Beaver, in which the plaintiffs claimed the one-half of an alleged loss of $557.02, on the sale of apples, in the purchase of which he alleged the decedent and the defendant were concerned; and also one-half of the interest on.the money invested therein. It appeared that the apples were purchased in the fall of 1847. The plaintiffs also claimed $236.12, on hook account. The pleas were non assumpsit and payment, with leave,…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, J.
The errors complained of relate to the admission of John Benjamin as a witness for the plaintiff below, and to the ruling of the court against the matters of defence relied on by the plaintiff in error.
It does not appear that John Benjamin was ever a party to the contract with the defendant on which the action was brought. That contract was one in which Samuel and John Beaver were the only parties. The witness had acquired from John Beaver an interest in it which he had re-sold to the man from whom he acquired it, as early as December, 1847,…
2Cases cited1 opinion
- Ross v. M'Kinny ex rel. RossSupreme Court of Pennsylvania · 1828
3Cited by11 opinions
- Almi, Inc. v. Dick Corp.Commonwealth Court of Pennsylvania · 1977
- Cockrill v. Peoples Savings BankTennessee Supreme Court · 1927
- Craighead v. SwartzSupreme Court of Pennsylvania · 1907
- Nolan Bros. Lumber v. Dudley Lumber Co.Tennessee Supreme Court · 1913
- Baily's EstateSupreme Court of Pennsylvania · 1893
6 more not listed; retrieve them via the Exa API.