Standley v. Weaver

Decided December 15, 1797

Supreme Court of Pennsylvania · decided 1797-12-15

The defendants proved the body of the receipt and the name of the subscribing witness to be the hand writing of Moses Hill, who died in 1785 or 1786 ; and that Peter Sommers had purchased the lease of the island from the defendant’s testator, respecting the rent whereof the arbitration had taken place. It was then proposed to examine William Kenly, one of the defendants, when and where he found the receipt in question ; which was excepted to, on the ground of interest.

Decided 1797-12-15

¶1A defendant executor may be a witness to prove when and where he found a paper offered in evidence.

¶2Debt sur arbitration bond, executed by the defendant’s testator, to the plaintiff’s testator. Plea payment, with leave to give the special matters in evidence.

¶3The arbitrators had awarded on the 13th February 1783, 120/. to be paid by Everhart to Standley ; and the only question was, whether a receipt for that sum on the 2d March 1783, by the hands of Peter Sommers, whereto one Moses Hill was a witness; was genuine or not.