Hamilton v. Hastings

Supreme Court of Pennsylvania
Hamilton v. Hastings, 172 Pa. 308 (Pa. 1896)
34 A. 43; 1896 Pa. LEXIS 777
Green, McCollum, Mitchell, Pell, Sterrett, Williams

Hamilton v. Hastings

Opinion of the Court

Per Curiam,

The question at issue in this case was whether the defendant had given an open order for the lumber in suit to A. M. McClain, which the latter turned over to the legal plaintiffs, or whether there was a special contract whereby A. M. McClain agreed to furnish lumber to cover what might be due defendant for money advanced to A. M. McClain & Co., on account of lumber which had been ordered from the Crawford mill but not delivered. The evidence — relating to the Crawford Mill contract, how far the same had been executed, the circumstances connected therewith, and the state of the accounts be*317tween A. M. McClain & Co. and defendants, and constituting the subjects of complaint in many of the twenty-nine specifications of error — was rightly admitted. That evidence did not raise an independent issue. It was introduced merely for the purpose of showing circumstances, etc., which tended to make the proposition in controversy more or less probable. Much latitude must necessarily be allowed in the admission of corroborating testimony in such cases. The learned trial judge, in some of his rulings, and in those portions of his charge embraced in the specifications of error referred to, carefully reiterated that this evidence was received merely for the purpose of corroboration. The defendants have no just cause to complain of the rulings and instructions.

Neither of the remaining specifications of error involves any question that requires discussion, or even special notice. They are all dismissed.

Judgment affirmed.

Reference

Full Case Name
Thomas B. Hamilton, Austin M. McClain, S. Austin Brew and George T. Brew, doing business as Brew, McClain & Co., for use of The Warn-McClain Co. v. John M. Hastings
Cited By
5 cases
Status
Published
Syllabus
Contract — Evidence—Relevancy of evidence. In an action by a partnership to recover the price of lumber, where defendant alleges that he did not buy the lumber from the plaintiff, but from another firm, and that the person who made the sale to him was a member of both firms, but had made the sale for the second firm in consideration of defendant’s releasing it from another contract, evidence relating to that contract, how far the same had been executed, and the state of accounts between defendant and the second firm are admissible for the purpose of showing circumstances tending to make the proposition advanced by the defendant more or less probable. In such cases much latitude must necessarily be allowed in the admission of corroborating testimony.