Heft v. Ogle
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE PHILADELPHIA COUNT r. No. 428 January Term 1887, Sup. Ct.; court below, No. 486 September Term 1884, C. P. No. 1. On September 20, 1884, Frank E. Ogle, administrator of Mary F. Ogle, deceased, brought assumpsit against Jacob D. Heft, surviving partner of Jacob D. Heft and Harry S. Ogle, trading as Heft & Ogle, to recover the sum of $5,000 alleged to have been loaned by the decedent to the firm of Heft & Ogle on May 2, 1873, less…
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ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE PHILADELPHIA COUNT r. No. 428 January Term 1887, Sup. Ct.; court below, No. 486 September Term 1884, C. P. No. 1. On September 20, 1884, Frank E. Ogle, administrator of Mary F. Ogle, deceased, brought assumpsit against Jacob D. Heft, surviving partner of Jacob D. Heft and Harry S. Ogle, trading as Heft & Ogle, to recover the sum of $5,000 alleged to have been loaned by the decedent to the firm of Heft & Ogle on May 2, 1873, less the sum of $45 paid on September 25,1878, on account of the interest. The defendant pleaded, non-assumpsit, payment,…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett :
This suit was brought by Frank E. Ogle, administrator of Mary F. Ogle, deceased, against Jacob D. Heft, who survived Harry S. Ogle, late partners as Heft & Ogle, to recover money alleged to have been loaned to said firm by plaintiff’s intestate, Mary F. Ogle, who died leaving, as her only heirs-at-law, four children, viz., Maria S., Harry S. (deceased member of Heft & Ogle), Frank E. (the administrator), and Caroline Ogle.
On the trial, plaintiff below called his sister, Maria S. Ogle, to substantiate the claim in suit. The witness being objected to as…
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