Strong's v. Bass
Supreme Court of Pennsylvania
Error, to the Common Pleas of Bradford county. This was a foreign attachment by Clark, Bass & Dibble against Belden B. Strong, in which Daniel B. Strong, executor of John Strong, deceased, was summoned as garnishee. And judgment having been obtained against the original defendant for $403.66 and costs, a scire facias was issued against the garnishee, to which he pleaded nulla bona.
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Error, to the Common Pleas of Bradford county. This was a foreign attachment by Clark, Bass & Dibble against Belden B. Strong, in which Daniel B. Strong, executor of John Strong, deceased, was summoned as garnishee. And judgment having been obtained against the original defendant for $403.66 and costs, a scire facias was issued against the garnishee, to which he pleaded nulla bona. John Strong, by his will, bequeathed a legacy of $1000 to Belden B. Strong, who was indebted to the testator, by promissory note, in the sum of $1180.92. On the trial, the garnishee offered to prove that after the…
1Opinion of the Court
The opinion of the court below was delivered by
Lowrie, C. J.
The attachment of this legacy does not alter the quantity of the rights and duties of the parties in relation to it; but only transfers to the plaintiffs the responsibility which before was due to the legatee. No essential element of the relation between the executor and the legatee is affected by the proceeding ; it merely substitutes the legatee’s creditor instead of the legatee himself. If, therefore, the executor had a right of set-off against the legatee, he retains it against his substituted creditor. If, for any reason, the…
2Cited by11 opinions
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- Aarons v. Public Service Building & Loan Ass'nSupreme Court of Pennsylvania · 1935
- Overbrook Heights Building & Loan Ass'n v. WilsonSupreme Court of Pennsylvania · 1939
- Hustad v. ReedMontana Supreme Court · 1958
- Ellwanger v. MooreSupreme Court of Pennsylvania · 1903
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