Saam v. Saam
Supreme Court of Pennsylvania
ERROR to Westmoreland county. This was an action of trover by Jane Saam, administratrix of Adam Saam, Jun. deceased, against the executors of Adam Saam, Sen. deceased, to recover the value of the goods of the plaintiff’s intestate, which came to the hands of the defendant’s testator as executor de son tort.
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ERROR to Westmoreland county. This was an action of trover by Jane Saam, administratrix of Adam Saam, Jun. deceased, against the executors of Adam Saam, Sen. deceased, to recover the value of the goods of the plaintiff’s intestate, which came to the hands of the defendant’s testator as executor de son tort. The plaintiff having established her right to recover, the defendant offered in evidence the books of his testator, for the purpose of showing that he had paid the debts of Adam Saam, Jun. to an amount equal to the value of the goods. The evidence was objected to and rejected by the court,…
1Per curiam
—It is said there is no defence by an administrator de son tort to the action of a rightful representative; that is, he cannot plead payment of debts to the value; yet it seems to be agreed that he may plead the general issue, and give such payments in evidence in mitigation of damages; and that if they amount to the value, the plaintiff shall be nonsuited. The present is an action of trover against the representatives of an executor de son tort, and the defence attempted would doubtless be competent, if it were supported by competent proof. But were the books of the executor de son tort…
2Cited by5 opinions
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