Churchman v. Smith
Supreme Court of Pennsylvania
Error to the Common Pleas of Delaware County, to remove the record of an action on the case brought by Peter Smith against Robert Churchman and Jonathan Roberts. The plaintiff declared in assumpsit for goods, &c. sold and delivered to the defendants, as co-partners in trade, under the firm of Jonathan Roberts. The defendants pleaded non assumpsit, and payment, with leave, &c.
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Error to the Common Pleas of Delaware County, to remove the record of an action on the case brought by Peter Smith against Robert Churchman and Jonathan Roberts. The plaintiff declared in assumpsit for goods, &c. sold and delivered to the defendants, as co-partners in trade, under the firm of Jonathan Roberts. The defendants pleaded non assumpsit, and payment, with leave, &c. The cause came on for trial before Bell, (President) on the 27th of August, 1839, when the plaintiff offered in evidence his book of original entries, containing certain charges against the defendants, accompanied with…
1Opinion of the Court
The opinion of the court was delivered by
Sergeant, J.
The errors in this case have been needlessly multiplied and subdivided into a great variety of heads, calculated rather to-confuse and perplex the case than to aid the investigation of it. On the ai'gument here they have been very properly reduced to a few points, which embrace all that is material.
Books of entry, supported by the oath of the plaintiff himself, are ' a peculiar species of evidence, not now admitted by the English law, but introduced into usage in this country at an early period, either from the necessity of the case, as we…
2Cases cited2 opinions
- Juniata Bank v. BrownSupreme Court of Pennsylvania · 1819
- Thompson v. M'KelveySupreme Court of Pennsylvania · 1825
3Cited by16 opinions
- Huffman Estate (No. 3)Supreme Court of Pennsylvania · 1944
- Hendry v. BirdWashington Supreme Court · 1925
- In re Estate of FultonSupreme Court of Pennsylvania · 1896
- Chamberlain v. AbramsWashington Supreme Court · 1905
- Petruzzi EstateSupreme Court of Pennsylvania · 1963
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