Moddewell v. Keever
Supreme Court of Pennsylvania
ERROR to the Common Pleas ,of Clarion county. This was an action of debt, by Wm. F. Keever & Co., against A. P. Moddewell, which originated before a justice of the peace and came into the Common Pleas by appeal. After the plaintiff had established his cause of action, the defendant proved that George B. Hamilton and James Humes were members of the firm of Wm.
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ERROR to the Common Pleas ,of Clarion county. This was an action of debt, by Wm. F. Keever & Co., against A. P. Moddewell, which originated before a justice of the peace and came into the Common Pleas by appeal. After the plaintiff had established his cause of action, the defendant proved that George B. Hamilton and James Humes were members of the firm of Wm. F. Keever & Co., plaintiffs, and then offered the assignment of George B. Hamilton and wife, and James Humes and wife, dated 4th June 1840, for the purpose of proving that George B. Hamilton and James Humes had no interest in this tuit,…
1Opinion of the Court
*64The opinion of the Court was delivered by
Gibson, C. J.
The exclusion of the general assignment by Hamilton and Humes, which was offered to make way for Hamilton as a witness for the defendant, by showing that he had parted with his interest in the matter in contest as a plaintiff, was virtually a decision that he was incompetent to testify, even voluntarily, against himself and his co-plaintiffs. Such, however, is not the principle which governed this court in Purviance v. Dryden, (3 Serg. & Rawle 402), in which a partner, sued but not summoned, would have been deemed competent, had he not…
2Cases cited5 opinions
- Deckard v. CaseSupreme Court of Pennsylvania · 1836
- Purviance v. DrydenSupreme Court of Pennsylvania · 1817
- State ex rel. McLaughlin v. LichtenbergWashington Supreme Court · 1892
- Boyer v. SmithSupreme Court of Pennsylvania · 1835
- Tillier v. WhiteheadSupreme Court of the United States · 1788
3Cited by2 opinions
- Gibbs's EstateSupreme Court of Pennsylvania · 1893
- Tillier v. WhiteheadSupreme Court of the United States · 1788