Strause v. Braunreuter
Superior Court of Pennsylvania
Appeal, No. 22, March T., 1897, by defendant, from judgment of C. P. Adams Co., Aug. T., 1895, No. 87, on verdict for plaintiff. Assumpsit on a promissory note. Before Swope, P. J. Elias Adler, the representative of the plaintiff, was applied to in 1894 by Adam Braunreuter for a loan. The loan was made, said Adler delivering the money and obtaining note therefor.
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Appeal, No. 22, March T., 1897, by defendant, from judgment of C. P. Adams Co., Aug. T., 1895, No. 87, on verdict for plaintiff. Assumpsit on a promissory note. Before Swope, P. J. Elias Adler, the representative of the plaintiff, was applied to in 1894 by Adam Braunreuter for a loan. The loan was made, said Adler delivering the money and obtaining note therefor. The following is a copy of note which was given said Alder for the plaintiff: Gettysburg, Pa., Sept. 17, 1894. On demand after date we promise to pay to the order of Mr. Jos. PI. Strause, Manager, Seven hundred and fifty dollars,…
1Opinion of the Court
Opinion by
Rice P. J.,
No interest or policy of law now makes any person an incompetent witness in any civil case or proceeding unless he is shown to come within one of the specified exceptions, and the only exceptions we are here called upon to consider are those contained in clauses (a) and (e) of section 5 of the Act of May 23, 1887, *267P. L. 158. By clause (e) the disqualification is made to depend not only on the fact of the witness being a surviving or remaining party, to the thing or contract in action but also on the fact of his having an interest adverse to the right of the deceased party…
2Cases cited3 opinions
- Cornell v. VanartsdalenSupreme Court of Pennsylvania · 1846
- Robb's AppealSupreme Court of Pennsylvania · 1881
- Peiffer v. LytleSupreme Court of Pennsylvania · 1868
3Cited by14 opinions
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- Rine v. HallSupreme Court of Pennsylvania · 1898
- Hart, Schaffner & Marx v. KochSuperior Court of Pennsylvania · 1932
- Security Trust Co. v. FeistSupreme Court of Pennsylvania · 1938
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