Merriman v. McManus
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1 of Philadelphia county: Of July Term 1882, No. 1. Assumpsit, by Michael McManus against II. Merriman, JDe Forest II. Merriman and II. A. Merriman, trading as II. Merriman & Sons, to recover for the breach of an alleged contract to pay for certain work and labor done and materials furnished.
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Error to the Court of Common Pleas No. 1 of Philadelphia county: Of July Term 1882, No. 1. Assumpsit, by Michael McManus against II. Merriman, JDe Forest II. Merriman and II. A. Merriman, trading as II. Merriman & Sons, to recover for the breach of an alleged contract to pay for certain work and labor done and materials furnished. On the trial, before Biddle, J., the following facts appeared : The plaintiff entered into certain written contracts with one Francisco Richardson, a builder, to do the plumbing in two rows of-houses which Richardson was building, one on the west side of Fifteenth…
1Opinion of the CourtJustice Gordon
Two exceptions take up all the material questions in this case. The first is as to the admission of the notes of testimony containing the evidence of McManus, the plaintiff below, taken on a former trial between these same parties. McManus was first offered to testify in his own behalf, but it was objected that he was incompetent by reason of the death of one of the parties defendant. Thereupon the plaintiff’s attorney acquiesced in this objection and withdrew the offer, and then, under the rule as stated in Pratt v. Patterson, 31 P. F. S. 114, the notes above-mentioned were offered and…
2Cited by4 opinions
- Gable v. GraybillSuperior Court of Pennsylvania · 1895
- Hart v. FriedmanDistrict Court, E.D. Pennsylvania · 1961
- Mosely v. MassiahSuperior Court of Pennsylvania · 1926
- Riegelman v. FochtSupreme Court of Pennsylvania · 1891