Mallalieu's Estate
Superior Court of Pennsylvania
Appeal, No. 226, Oct. T., 1909, by Ada E. Mallalieu, from decree of O. C. Chester Co., dismissing exceptions to adjudication in Estate of Howard Martin Mallalieu, deceased. Exceptions to report of Gibbons Gray Conwell, Esq., auditor. The auditor stated the facts to be as follows: Howard Martin Mallalieu, the decedent, died on March 28, 1907, intestate, unmarried and without issue, leaving to survive him as his sole heir at law, his mother, said Mattie J. Shoemaker.
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Appeal, No. 226, Oct. T., 1909, by Ada E. Mallalieu, from decree of O. C. Chester Co., dismissing exceptions to adjudication in Estate of Howard Martin Mallalieu, deceased. Exceptions to report of Gibbons Gray Conwell, Esq., auditor. The auditor stated the facts to be as follows: Howard Martin Mallalieu, the decedent, died on March 28, 1907, intestate, unmarried and without issue, leaving to survive him as his sole heir at law, his mother, said Mattie J. Shoemaker. His estate is all personal property and consisted of a policy of life insurance in the Brotherhood of Locomotive Engineers for…
1Opinion of the Court
Opinion by
Henderson, J.,
It is a rule of the common law that no one can sue on a contract to which he is not a party: Wharton, Contracts, 784. The same rule prevails in this state as is shown by an examination of Blymire v. Boistle, 6 Watts, 182; Torrens v. Campbell, 74 Pa. 470; Kountz v. Holthouse, 85 Pa. 235; Adams v. Kuehn, 119 Pa. 76, and other cases. Where one is a stranger to the contract and to the consideration for it he cannot maintain an action on the contract. There are exceptions to the rule where the plaintiff may fairly be said to be a party to the consideration, where in good…
2Cases cited9 opinions
- Blymire v. BoistleSupreme Court of Pennsylvania · 1837
- Howes v. ScottSupreme Court of Pennsylvania · 1909
- Adams v. KuehnSupreme Court of Pennsylvania · 1888
- Kountz v. HolthouseSupreme Court of Pennsylvania · 1877
- Torrens v. CampbellSupreme Court of Pennsylvania · 1874
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