Wharton v. Douglass
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Huntingdon county : Of May Term 1874, No. 17. This was an action of debt, brought December 31st 1869, by W. H. Woods, P. M. Bare, John Bare, and D. W. Woods, “for Samuel Douglass,” against' H. S. Wharton. The defendant pleaded “Nil debet and payment with leave,” ahd afterwards added the plea of set-.off. Subsequently, on motion of the attorney for the plaintiffs, the style of the plaintiffs was changed to “ Samuel R. Douglass, holder.”
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Error to the Court of Common Pleas of Huntingdon county : Of May Term 1874, No. 17. This was an action of debt, brought December 31st 1869, by W. H. Woods, P. M. Bare, John Bare, and D. W. Woods, “for Samuel Douglass,” against' H. S. Wharton. The defendant pleaded “Nil debet and payment with leave,” ahd afterwards added the plea of set-.off. Subsequently, on motion of the attorney for the plaintiffs, the style of the plaintiffs was changed to “ Samuel R. Douglass, holder.” The cause of action was the following note :— “ Huntingdon, Feb. 28th 1865. “ Sixty days after date I promise to pay W.…
1Opinion of the CourtJustice Mercur
The record shows no fact of which to predicate the first assignment of error. It must therefore be disregarded.
The second assignment is to the rejection of the evidence covered by the bill of exceptions. The evidence was offered as a whole, and rejected as a whole. Hence if any part of it was inadmissible, there was no error in rejecting the whole: Sennett v. Johnston, 9 Barr 335. It is sometimes a little difficult to determine whether parol evidence should be received to contradict or vary the terms of a written instrument. It may be modified by parol evidence of what passed between the…
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