Cochran v. Perry
Supreme Court of Pennsylvania
THIS case came up on exceptions to the opinion of Mr Justice Rogers, before whom it was tried on the 28th December 1843, and who directed a nonsuit. It was an action brought in the Supreme Court by Richard Cochran against William Perry, Andrew Cochran, John D. Beers, and Gates Wilcox, late trading as the Williamsport and Philadelphia Lumber Company. Perry alone was served with process, and appeared and pleaded. The rest were returned not summoned.
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THIS case came up on exceptions to the opinion of Mr Justice Rogers, before whom it was tried on the 28th December 1843, and who directed a nonsuit. It was an action brought in the Supreme Court by Richard Cochran against William Perry, Andrew Cochran, John D. Beers, and Gates Wilcox, late trading as the Williamsport and Philadelphia Lumber Company. Perry alone was served with process, and appeared and pleaded. The rest were returned not summoned. The plaintiff’s demand was for services rendered to the defendants. After reading several depositions, he offered Andrew Cochran, one of the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
It is unnecessary to consider the bills of exceptions to evidence, as the testimony proposed was clearly inadmissible to vary or contradict the written evidence on which the relation of the parties depended. They entered into partnership by written articles; and the act by which the plaintiff is alleged to have retired, as well as the act by which the defendants áre *266alleged to have continued the firm without him, was.reduced to writing; consequently, to have admitted a witness to establish the existence of exclusive partnership between the…
2Cited by1 opinion
- Horton's AppealSupreme Court of Pennsylvania · 1850