Jack v. McKee
Supreme Court of Pennsylvania
In error from the Common Pleas of Westmoreland. The plaintiff declared upon a contract by the ^defendant's testator, that in consideration of the plaintiff continuing to live with him and take care of his house until he died, he would give her a certain piece of land; and also on the common counts. The first exception was to the admission by the court of proof that the testator had given plaintiff a note for $1000, payable after the testator’s death.
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In error from the Common Pleas of Westmoreland. The plaintiff declared upon a contract by the ^defendant's testator, that in consideration of the plaintiff continuing to live with him and take care of his house until he died, he would give her a certain piece of land; and also on the common counts. The first exception was to the admission by the court of proof that the testator had given plaintiff a note for $1000, payable after the testator’s death. The noi¡e was not produced, nor any account given of it. The other exceptions were to the charge. The plaintiff proved the contract to give her…
1Opinion of the CourtRogers, J.
(after stating the exception to evidence.)— The objection to the admission of the evidence is general. If, therefore, it was admissible for any purpose, there was no error. Had it been offered as a substantive claim under the money counts, it could not have been received; as, in that case, it would be necessary to produce the note or give evidence of its loss, before proving its contents. Had the testimony been opposed on that ground, no doubt the plaintiff would have declined any such intention, as it is very evident, from the whole course of the cause, such was not the view taken of it,…
2Cases cited4 opinions
- Hopkins v. LeeSupreme Court of the United States · 1821
- Jackson ex dem. Cook v. ShepardNew York Supreme Court · 1827
- Postens v. PostensSupreme Court of Pennsylvania · 1842
- Rohr v. KindtSupreme Court of Pennsylvania · 1842
3Cited by6 opinions
- Seidlek v. BradleySupreme Court of Pennsylvania · 1928
- Jackson v. StearnsOregon Supreme Court · 1911
- Stephens v. BarnesSuperior Court of Pennsylvania · 1906
- Walter v. TransueSuperior Court of Pennsylvania · 1901
- Rash v. Equitable Trust Co.Superior Court of Delaware · 1931
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