Berkheimer v. Geise
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Yorlc county: Of May Term 1876, No. 49. _ _ _ _ Assumpsit by John Berkheimer against Solomon and Daniel Geise, administrators of John Geise, for services rendered to him during his last illness, and for services at his funeral.
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Error to the Court of Common Pleas of Yorlc county: Of May Term 1876, No. 49. _ _ _ _ Assumpsit by John Berkheimer against Solomon and Daniel Geise, administrators of John Geise, for services rendered to him during his last illness, and for services at his funeral. The narr., filed on December 22d 1874, contained the common counts; February 4th 1875, the defendant pleaded, among other pleas, tender before suit brought; and on the same day obtained a rule on the plaintiff to show cause why the defendants should not be permitted to pay into court the sum of $200, legal tender money, being the…
1Opinion of the Court
The judgment of the Supreme Court was entered, May 15th 1876,
Per Curiam. —
It is said that the practice of paying money into court in cases where no tender had been made before suit, originated in the time of Charles the Second, when Kelyngfe was Chief Justice, to avoid the hazard and difficulty of pleading and proving a tender: 1 Tidd’s Practice, 4 Am. ed., by Fish, 619; 1 Penna. Practice by Fish, part 1, 436. It is well settled under this practice that the payment into court must be under a rule of the court, and that the money paid in is admitted to belong to the plaintiff, and in no event…
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- Auger v. Children's Hospital, Pennsylvania Court of Common Pleas, Philadelphia County1999
- E. P. Wilbur Trust Co. v. Knadler, Pennsylvania Court of Common Pleas, Northampton County1936
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