Legal Opinion

Perit v. Cohen

Supreme Court of Pennsylvania

Decided January 26, 1839PublishedCited by 2 opinions

IN ERROR. This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action brought by J. J. Cohen and others against John-W. Perit and others. The action was brought upon an award alleged to have been made under a parol submission by the plaintiffs and defendants.

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IN ERROR. This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action brought by J. J. Cohen and others against John-W. Perit and others. The action was brought upon an award alleged to have been made under a parol submission by the plaintiffs and defendants. On the trial of the cause before Pettit, President, on the 15th of November, 1836, the plaintiffs produced John A. Brown, (one of the arbitrators by whom the award was made) as a witness, — who deposed as follows, viz. — “ There was a submission by the plaintiffs and…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

— As to the first bill of exception; we are clearly of opinion that the plaintiff in error, the defendant, below, was entitled to have the question answered, which, by way of cross-examination he propounded to Mr. Brown, the witness produced by the plaintiff below, to prove the submission and award set forth in his declaration; and upon the establishment of which, his right to recover depended. The object of the question by .the defendant, was, to ascertain from the witness, whether the submission of which he' spoke in giving his evidence in…

2Cited by2 opinions

  1. Jackson v. LitchSupreme Court of Pennsylvania · 1870
  2. Markley v. SwartzlanderSupreme Court of Pennsylvania · 1844

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