Norman v. Norman

Decided December 15, 1796

Supreme Court of Pennsylvania · decided 1796-12-15

Action for goods sold and delivered. Harvey only was taken on the capias. David Norman was returned non est inventus by tbe sheriff, but a few days afterwards paid the plaintiff one moiety of his demand. The plaintiff has since been discharged by the insolvent act. Harvey disputed the quantum of the plaintiff’s debt. The plaintiff called the other defendant Norman to prove a settlement made between them and acquiesced in.

Decided 1796-12-15

By the court.

¶1David Norman cannot be compelled to give evidence on the part of the plaintiff, but he may loe sworn, if he has no objection thereto. He is produced to charge the partnership, and therefore swears against his own interest. If the plaintiff shall recover his demand against Harvey, the same will be debited against the witness, who will be obliged to pay his proportion thereof on a settlement of the pertnership accounts.

¶2He was sworn accordingly; and at length it was agreed to withdraw a juror; and refer the account to the first three jurors on the list, who reported' the sum of 196i. Is. 11|-<A to be due to the plaintiff.