Legal Opinion

Hill v. Scott

Supreme Court of Pennsylvania

Decided September 15, 1849PublishedCited by 1 opinion

Error, to the Common Pleas of Washington. Oct. 27. This was an action of assumpsit by Alexander Scott against Samuel Iiill to recover $237.80, for coal delivered by him to the defendant. The plaintiff introduced several witnesses as to the amount of coal delivered at his bank to Hill’s wagons. He also put in his book of original entries, which, so far as it had been kept by himself, was admitted, and so far as it had been kept by another person, was rejected.

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Error, to the Common Pleas of Washington. Oct. 27. This was an action of assumpsit by Alexander Scott against Samuel Iiill to recover $237.80, for coal delivered by him to the defendant. The plaintiff introduced several witnesses as to the amount of coal delivered at his bank to Hill’s wagons. He also put in his book of original entries, which, so far as it had been kept by himself, was admitted, and so far as it had been kept by another person, was rejected. The portion of it admitted was written with a pencil. The plaintiff also proved by the defendant’s clerk, that a large amount of coal…

1Opinion of the Court

The opinion of this Court was delivered by

Coulter, J.

The first error assigned is that the Court admitted as evidence the plaintiff’s book of original entries, although part of it was written with a pencil. The plaintiff below was a vendor of coal, at his coal bank, and the book was the original entries of the coal sold and delivered. There was a variety of other testimony corroborative of the book. It was contended by the counsel for the plaintiff in error, that books of original entries, sustained by the supplementary oath of the plaintiff, are a dangerous kind of evidence, and ought not to…

2Cited by1 opinion

  1. Flanders v. SnareSuperior Court of Pennsylvania · 1908

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