Stahl v. Berger
Supreme Court of Pennsylvania
Error'to the Court of Common Pleas of Columbia county. Debt in the court below on a single bill, brought by Isaac Stahl, plaintiff in error, who was also-plaintiff below, against Joseph Berger and Jacob Diffenbacher, to which the plea was non est factum. The defendants, by the bill, promised, that they or either of them would pay Isaac Stahl 75 dollars, in 12 months after date, with interest.
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Error'to the Court of Common Pleas of Columbia county. Debt in the court below on a single bill, brought by Isaac Stahl, plaintiff in error, who was also-plaintiff below, against Joseph Berger and Jacob Diffenbacher, to which the plea was non est factum. The defendants, by the bill, promised, that they or either of them would pay Isaac Stahl 75 dollars, in 12 months after date, with interest. The suit was originally brought before a justice of the peace, and came into the Common Pleas by appeal. On the trial- in the court below, the plaintiff called the‘subscribing witness,, who-testified…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
On the plea of non est factum to a single bill, the subscribing witness testified, that the name of the obligee was left blank when theinstrumentwasexecuted; the witness supposingitwas left for the insertion of the plaintiff’s name, and proved the acknowledgment of Diffenbacher, that Berger got the money from Stahl. After this proof, the bill was offered in evidence, and rejected. For the reasons stated in the opinion just delivered in Marshall v. Gougler, this bill ought to have been read. There was some evidence, sufficient to let it go to…
2Cases cited4 opinions
- Speake & Others v. U. StatesSupreme Court of the United States · 1815
- Smith v. CrookerMassachusetts Supreme Judicial Court · 1809
- Woolley v. ConstantNew York Supreme Court · 1809
- Moore v. Lessee of BickhamSupreme Court of Pennsylvania · 1811
3Cited by3 opinions
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- Beary v. HainesSupreme Court of Pennsylvania · 1839
- Rhea v. Gibson's ex'orSupreme Court of Virginia · 1853