Thomas v. Smith
Supreme Court of Pennsylvania
This was a writ of error to tbe Court of Common Pleas of Northampton County, to remove the record of an action of debt, brought by Rebecca Thomas, for the use of Freeman Thomas, against Michael Smith and Jacob Rothrock, executors of the will of Isaac Rothrock, deceased, upon a bond of the testator, dated the 27th of November, 1817, for ¿£132, payable in one year from the date.
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This was a writ of error to tbe Court of Common Pleas of Northampton County, to remove the record of an action of debt, brought by Rebecca Thomas, for the use of Freeman Thomas, against Michael Smith and Jacob Rothrock, executors of the will of Isaac Rothrock, deceased, upon a bond of the testator, dated the 27th of November, 1817, for ¿£132, payable in one year from the date. The defendants pleaded a special plea, which set forth, in substance, that before suit brought, namely, on the 18th of December, 1821, they settled their accounts of the administration in the Register’s office, which…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson,. C. J.
The question is, whether these bonds were assets for payment of debts. That they were not intended to be so, is evident from the terms of the endorsement, by which the defendants were ordered to redeliver them to the obligors, when they should relinquish all claim to any other part of the estate. Had there been a reservation for payment of the debts, it would have been easy to express it; but, as it was supposed there would be enough beside, none was intended. Then why, it has been aslced, should bonds have been taken at all ? Simply…
2Cases cited1 opinion
- Case of Gelbach's AppealSupreme Court of Pennsylvania · 1822