Kline v. Edwards

Citations

• 72 Pa. Super. 253
• 1919 Pa. Super. LEXIS 296

Syllabus

<p>Evidence — Competency of witnesses — Death of party — Act of June 11,1891, P. L. 287.</p> <p>A witness is competent to testify adversely in a proceeding where one of the original parties to a contract is dead, to the extent to which living witnesses, present at the trial, testified against him.</p> <p>Where, in an action of assumpsit on a judgment note, the plaintiff seeks to establish a partnership between the defendants, and a consequent liability, and the evidence relied upon is given by living witnesses, the defendants are competent to testify adversely in contradiction of such testimony, although the original party to the contract is dead.</p>