1 Pa. 173 | Pa. | 1845
The opinion of the court was delivered by
' It is very difficult to resist the belief, that the assignment of Phinney to Hanson was made for the express purpose of enabling Hanson to make a set-off, in the suit brought before the justice by Tracey against Hanson; the claim as then understood to be supported, if necessary, by the oath of Phinney. It therefore came within the principle ruled in Post v. Avery, 5 Watts & Serg. 510; Leiper v. Pierce, 6 Watts & Serg. 555; Patterson v. Reed, 7 Watts & Serg. 144, and the Reading Railroad v. Johnson, Id. 317. A colourable assignment, to make a legal plaintiff a witness, does not divest his interest, and every assignment is deemed colourable until the contrary appears. It must be conceded that the cases cited seem to admit that there may be cases where the assignor of a chose in action, although plaintiff on the record, may be a witness, where it manifestly appears that the assignment was made in the usual course of business, and without any intention, either expressed or understood, at the time of supporting the claim by the oath of the assignor. It is possible such a case may occur; but the legal presumption, which is adverse to the admission of such testimony, must be rebutted by the most overwhelming proofs. Not the slightest
Judgment affirmed.