Johnston v. McCain
Pennsylvania Court of Common Pleas, Armstrong County
No. 217 October Term 1891, Sup. Ct.; court below, No. 338 March Term 1888, C. P. On February 24,1888, J. W. Johnston brought account-render against J. H. McCain, executor of John Gilpin, deceased. The defendant pleaded, inter alia, the statute of limitations.
Read the full summary
No. 217 October Term 1891, Sup. Ct.; court below, No. 338 March Term 1888, C. P. On February 24,1888, J. W. Johnston brought account-render against J. H. McCain, executor of John Gilpin, deceased. The defendant pleaded, inter alia, the statute of limitations. At the trial on April 15, 1891, before Wickham, P. J. 36th district, the following facts were shown on the part of the plaintiff: On June 1, 1866, ex-Governor William F. Johnston wrote to John Gilpin, a practicing attornej’- at law at Kittanning, Pa., informing him that the writer found himself in prospect of pecuniary trouble, and…
1Opinion of the Court
Opinion,
Me. Justice Geeen :
We think the learned court below adopted an inadequate view of the relation between Gilpin and Johnston, and was thus misled into an erroneous application of the statute of limitations. The relation assumed a very definite shape when, in June, 1868, Johnston executed and delivered an elaborate and carefully drawn letter of attorney to Gilpin, which was undoubtedly accepted and acted upon by Gilpin for a number of years afterwards. Indeed, there is no proof that the relation thus established was terminated at the time of Gilpin’s death, in 1883.
The relation of…
2Cases cited4 opinions
- Campbell's Administrator v. BoggsSupreme Court of Pennsylvania · 1855
- Mosgrove v. GoldenSupreme Court of Pennsylvania · 1882
- McCoon v. GalbraithSupreme Court of Pennsylvania · 1857
- Schoch's Administrator v. GarrettSupreme Court of Pennsylvania · 1871
3Cited by2 opinions
- Rabben v. SteinbergSuperior Court of Pennsylvania · 1958
- Estate of RitcheySuperior Court of Pennsylvania · 1898