Gilmore v. Alexander
Supreme Court of Pennsylvania
Appeal, No. 220, Jan. T., 1920, by Archibald A. Alexander, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1894, No. 693, on verdict for plaintiff, in case of Margaret Van Cleek Gilmore, to use of Fidelity Trust Co., remaining executor of John Alexander, deceased, v. Archibald A. Alexander, defendant, and Fidelity Trust Co., remaining executor of John Alexander, deceased, garnishee. Attachment execution sur judgment.
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Appeal, No. 220, Jan. T., 1920, by Archibald A. Alexander, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1894, No. 693, on verdict for plaintiff, in case of Margaret Van Cleek Gilmore, to use of Fidelity Trust Co., remaining executor of John Alexander, deceased, v. Archibald A. Alexander, defendant, and Fidelity Trust Co., remaining executor of John Alexander, deceased, garnishee. Attachment execution sur judgment. Before Fin-letter, J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $10,231.65. Archibald A. Alexander appealed. Error assigned,…
1Dissent
Dissenting Opinion by
Mr. Justice Simpson:
I dissent from the judgment in this case.
The opinion of the majority fairly states the testimony of Mr. Gest when it says his assertion that the debt has not been paid is “based......in part on his own knowledge and in part on the books and records of the company, and the manner in which its trust business is conducted.” As he was but one of a number of employees to whom a payment might have been made, he could not have had personal knowledge except as regards payment to himself, and hence his opinion, based on his analysis of the books, not themselves…
2Cases cited10 opinions
- Philadelphia City Passenger Railway Co. v. HenriceSupreme Court of Pennsylvania · 1880
- Welsh v. Erie & Wyoming Valley RailroadSupreme Court of Pennsylvania · 1897
- Douglass v. Mitchell'sSupreme Court of Pennsylvania · 1860
- Tams v. LewisSupreme Court of Pennsylvania · 1862
- Porter v. Nelson's Exrs.Supreme Court of Pennsylvania · 1888
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