Legal Opinion

Given v. Albert

Supreme Court of Pennsylvania

Decided May 15, 1843PublishedCited by 6 opinions

ERROR to the Common Pleas oi'Cumberlcmd county. This was an action of debt originally brought by Jacob Albert and John R. Moore, trading in the name of Jacob Albert & Co., against Samuel Given and James Given, trading in the name of Samuel Given. During the pendency of the action, James Given died; and his executors, Samuel Given,Robert Given and Jacob Ritner, were voluntarily substituted as defendants.

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ERROR to the Common Pleas oi'Cumberlcmd county. This was an action of debt originally brought by Jacob Albert and John R. Moore, trading in the name of Jacob Albert & Co., against Samuel Given and James Given, trading in the name of Samuel Given. During the pendency of the action, James Given died; and his executors, Samuel Given,Robert Given and Jacob Ritner, were voluntarily substituted as defendants. The plaintiffs’ claim was founded upon a book account for merchandise, alleged to have been sold and delivered to the defendants. To prove the sale and delivery, and also to establish the…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

A number of errors have been assigned in relation to matters of evidence and the charge of the court, each of which it is necessary to notice in detail.

The first error is in the admission of the deposition of Nehemiah Stockley, which was objected to in whole and in part. The objection to the whole will be considered under the next bill. The part particularly specified was that in which the witness, after stating that James Given told him one of his sons was to manage the factory, and the other was to continue in the store in town, says, “…

2Cited by6 opinions

  1. Sproat v. Travelers Insurance Co.Supreme Court of Pennsylvania · 1927
  2. Bing v. SchmittSupreme Court of Pennsylvania · 1910
  3. Reed, Crane & Co. v. Kremer & Co.Supreme Court of Pennsylvania · 1886
  4. Kirk v. EwingSupreme Court of Pennsylvania · 1846
  5. Baumberger v. Supreme Hive Ladies of the Maccabees, Pennsylvania Court of Common Pleas, Washington County1923

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