Stearns v. Merchants' Bank
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Jfirie county. This was an action of assumpsit, commenced October 14th 1862, by the Merchants’ Bank of Cleveland against Edward H. Stearns and William R. Stearns, trading as Stearns & Son. The suit was on a promissory note for $288.85, at three months, made by the defendants to Champlin & Co., endorsed by them to George Carey & Co., and by them to the plaintiff.
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Error to the Court of Common Pleas of Jfirie county. This was an action of assumpsit, commenced October 14th 1862, by the Merchants’ Bank of Cleveland against Edward H. Stearns and William R. Stearns, trading as Stearns & Son. The suit was on a promissory note for $288.85, at three months, made by the defendants to Champlin & Co., endorsed by them to George Carey & Co., and by them to the plaintiff. The defendants took the depositions of T. P. Handy, President, and William L. Cutter, Cashier of the Merchants’ Bank, the plaintiff, both of whom testified that the note at the time it was…
1Opinion of the Court
The opinion of the court was delivered, by
Read, J.
It has been decided that a party cannot impeach the character of or discredit his own witness, by evidence of general bad character, but it has been a subject of discussion how far a witness could be impeached, or discredited, by the party producing him by proving declarations and statements conflicting with his statements under oath.
The latest authorities in England, previous to the change by the Common Law Procedure Act, stand thus:—
In Phillips and Arnold’s treatise upon Evidence (1852), vol. 2, p. 540, it is said: “ It must be admitted that…
2Cases cited5 opinions
- People v. SaffordNew York Supreme Court · 1847
- Stockton & Stokes v. DemuthSupreme Court of Pennsylvania · 1838
- Smith v. PriceSupreme Court of Pennsylvania · 1839
- Bull v. TowsonSupreme Court of Pennsylvania · 1842
- Turner v. WatersonSupreme Court of Pennsylvania · 1842
3Cited by8 opinions
- Evans v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1936
- Commonwealth v. TurnerSupreme Court of Pennsylvania · 1957
- Fisher v. HartSupreme Court of Pennsylvania · 1892
- Gantt v. Cox & Sons Co.Supreme Court of Pennsylvania · 1901
- Gray ex rel. Gray v. HartmanSuperior Court of Pennsylvania · 1897
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