Collier's Executors v. Leech

Decided July 1, 1857

Supreme Court of Pennsylvania · decided 1857-07-01

This was action of assumpsit brought by James Leech, against the executors of George Collier, deceased, to recover for work and labour done by plaintiff for A. Leech, Jr. & Co., of which firm George Collier, in his lifetime, was a member. The declaration was in the common counts, in assumpsit — for work and labour done.

Cited by 1 later decisions — most recently November 1918

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1857-07-01

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¶1The opinion of the court was delivered by

Lowrie, J.

¶2We are unable to find fault, either for error or deficiency, with the charge of the court; but we think that Andrew Leech was a competent witness. He was a joint contractor with the defendant, but he was not a party to this suit and could not be, for the plaintiff had previously accepted a judgment against him in. a separate action. If he had any interest, it was rather against than for this defendant, so as to make him contribute to the debt. Neither interest nor any rule of policy excludes him: 16 Pick. 501; 6 Bing. 306; 7 Id. 395.

¶3Judgment reversed and a new trial awarded.