Anderson v. Long

Citations

• 56 Pa. Super. 183
• 1914 Pa. Super. LEXIS 65

Syllabus

<p>Practice, C. P. — Depositions—Parties—Suit to use.</p> <p>1. Where in an action of assumpsit the plaintiff is designated as “David R. Perkinpine, Assignee of Percy Anderson,” and subsequently the name of the party plaintiff is amended by leave of court so as to read “Percy Anderson to the use of David R. Perkinpine,” and it appears that at the trial the claim had been assigned prior to the beginning of the suit without fraud, the testimony of the use plaintiff as to the consideration of the assignment and matters of defense taken on deposition, is admissible, although the deposition was taken after the amendment. In such a case the use plaintiff took no better right of action than his assignor had, and all defenses that could be urged against the assignor applied with equal force to the use plaintiff.</p> <p>Practice, C. P. — Commissions—Production of plaintiff for cross-examination.</p> <p>2. Where á commission to take testimony has been issued by plaintiff after exceptions to interrogatories had been passed upon, the defendant cannot demand, three weeks before the trial, that the witness examined under the commission be produced at the trial for cross-examination, where it appears that such witness was in London, England, at the time the demand was made, and that there was ample time for the defendant to have issued his own commission, if he was not satisfied that the matters in dispute had not been fully covered under the plaintiff’s commission.</p> <p>Practice, C. P. — Commissions—Evidence—Opening of commission.</p> <p>3. A commission to take testimony executed in England and stamped on its return with the words “Supposed liable to custom duties” will not be rejected at the trial because it was opened by the deputy prothonotary and customs officers.</p> <p>Practice, C. P. — Commissions—Evidence—Jurat.</p> <p>4. Where a deposition under a commission shows that the witness was “duly sworn and examined on the part of the plaintiff,” on a date given, before a nam