Legal Opinion

Scott v. Reed

Supreme Court of Pennsylvania

Decided January 3, 1893No. Appeal, No. 137PublishedCited by 5 opinions

Appeal, No. 137, Oct. T., 1892, by defendants, J. M. K. Reed and Francis Cunningham, from judgment of C. P. Washington Co., Nov. T., 1890, No. 387, on verdict for plaintiff, Sarah Jane Scott. Assumpsit for value of certain promissory notes. At the trial, before McIlvaine, P. J., it appeared that the notes in controversy had been included in the inventory of the estate of David Perrine, deceased, but plaintiff claimed that they had been given to her by decedent.

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Appeal, No. 137, Oct. T., 1892, by defendants, J. M. K. Reed and Francis Cunningham, from judgment of C. P. Washington Co., Nov. T., 1890, No. 387, on verdict for plaintiff, Sarah Jane Scott. Assumpsit for value of certain promissory notes. At the trial, before McIlvaine, P. J., it appeared that the notes in controversy had been included in the inventory of the estate of David Perrine, deceased, but plaintiff claimed that they had been given to her by decedent. The notes were eleven in number, and were as follows: Note of Alex. Smith, dated Sept. 26, 1881, for $140.55 ; note of J. F. Scott,…

1Opinion of the Court

Opinion by

Mr. Justice Heydrick,

The plaintiff seeks by this action to recover the value of certain promissory notes, which she claims were her property, but which the defendants say came into their hands as executors of the last will and testament of one David Perrine, deceased, and were by them collected and treated as assets of the estate of their testator. In her statement she avers that David Perrine was in his lifetime the payee, owner and possessor of the notes in question, and, at a time shown by her evidence to have been about four months before his death, made a gift thereof to her,…

2Cases cited3 opinions

  1. Appeal of FrossSupreme Court of Pennsylvania · 1884
  2. Craig v. TuckerSupreme Court of Pennsylvania · 1811
  3. Rhodes v. ChildsSupreme Court of Pennsylvania · 1870

3Cited by5 opinions

  1. Maxler v. HawkSupreme Court of Pennsylvania · 1912
  2. Reading Trust Co. v. ThompsonSupreme Court of Pennsylvania · 1916
  3. Pittsburgh Railways Co. v. Borough of CarrickSupreme Court of Pennsylvania · 1918
  4. Fiscus's EstateSuperior Court of Pennsylvania · 1900
  5. Rosenthal's EstateSupreme Court of Pennsylvania · 1939

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