Craig v. Craig
Supreme Court of Pennsylvania
This was a writ of error to the Common Pleas of Northampton County'. The action was indebitatus assumpsit, 'brought by Charles against Thomas Craig, to recover one half of two bonds, each in the sum of three hundred dollars, in which they were jointly bound to' their father, General Craig: the whole of which Charles alleged that he had paid. The declaration contained counts for money, paid, laid out and expended: for money lent and advanced: and for money had and received.
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This was a writ of error to the Common Pleas of Northampton County'. The action was indebitatus assumpsit, 'brought by Charles against Thomas Craig, to recover one half of two bonds, each in the sum of three hundred dollars, in which they were jointly bound to' their father, General Craig: the whole of which Charles alleged that he had paid. The declaration contained counts for money, paid, laid out and expended: for money lent and advanced: and for money had and received. The plea was non assumpsit. •This cause was .before this court on a former writ of error, [see 3 Rawle, 472,] when the…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
The position of General Craig in relation to the parties, was a peculiar one. It was submitted to him, rather as a witness than an arbitrator, to say the truth between them; and though his declaration was adopted by the unsuccessful party beforehand so far as to affect him, it was held when the cause was here before to be open to be disproved, just as the award of an arbitrator or the testimony of a witness may be disproved, by evidence of mistake or corruption. Putting him then in the attitude of a witness or an arbitrator, his want of…
2Cited by42 opinions
- Commonwealth v. TuckerMassachusetts Supreme Judicial Court · 1905
- McAleer v. HorseyCourt of Appeals of Maryland · 1872
- Commonwealth v. PatskinSupreme Court of Pennsylvania · 1953
- Keefer v. ByersSupreme Court of Pennsylvania · 1960
- Commonwealth v. WestwoodSupreme Court of Pennsylvania · 1936
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