Trymby v. Andress

Citations

• 175 Pa. 6
• 34 A. 347
• 1896 Pa. LEXIS 1197

Syllabus

<p>Evidence — Competency of witness — Party dead.</p> <p>A.’s executor was sued jointly with C. and. H. for goods which A., C. and H. bought for an unincorporated association of which they were members. C. and H. were not served. H. was called as a witness by the plaintiffs to prove that a promissory note signed by the name of the association after its incorporation for the amount of the purchase was not an absolute payment of the debt. Held, that as H.’s interest was adverse to the plaintiffs, and they had elected to call him as their witness, he was competent for the purpose for which he was called.</p> <p>Promissory note — Receipt-Evidence.</p> <p>Plaintiffs sold goods to a committee of an unincorporated association. They subsequently took a promissory note signed in the name of the association after its incorporation. At the same time they gave a receipt “ in full settlement of all balance of our bill for goods furnished and all demands to date.” One of plaintiffs’ witnesses testified that at the time the receipt was signed, plaintiffs’ agent objected to signing it, and that it was only signed upon the agreement of one of the members to guarantee the note, and that the association should “ pay something on account, and fix it up when it came due, and renew it and pay it as it went.” Held, that the question as to whether the note was an absolute payment or not, was for the jury.</p>