Murray v. Williamson
Supreme Court of Pennsylvania
IN ERROR. ILL of exceptions to the-opinion of the Common Pleas ' of Cumberland county. If the defendant ^3 an equitable demand against f„\einstance’a3 bond given by- * and by him in-{o^he defendant, the mü'him either set it off mand, or give it der Xeplea of" payment. Itis StXSi'S. should be able sue for the h5s There is nothing in the defalcation act of Pennsylvania set-offeMmrby°1- ug-alnst an executor or administrator.
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IN ERROR. ILL of exceptions to the-opinion of the Common Pleas ' of Cumberland county. If the defendant ^3 an equitable demand against f„\einstance’a3 bond given by- * and by him in-{o^he defendant, the mü'him either set it off mand, or give it der Xeplea of" payment. Itis StXSi'S. should be able sue for the h5s There is nothing in the defalcation act of Pennsylvania set-offeMmrby°1- ug-alnst an executor or administrator. On the contrary that act has been uniformly construed to admit R¡, The action was covenant upon an indenture of lease, to recover rent in arrear at the death of Gray the…
1Opinion of the Court
Tilghman C. J.
Murray was indebted to Gray in hís lifetime for rent. He had also in his possession a single bill *136from Gray to John Conolly, assigned to him during the ^raV ’n su°h a manner as to give him the complete' equitable property; but it was not assigned according to the act of assembly, so as to enable him to bring an action in his own name. This action was brought to recover the rent, and the defendant under the plea of payment with leave &c. offered to give the single bill in evidence, which was rejected by the court, and on this the bill of exceptions is founded. The plaintiff in…
2Cases cited1 opinion
- Cramond v. President of the Bank of the United StatesSupreme Court of Pennsylvania · 1803
3Cited by14 opinions
- Greene v. DarlingU.S. Circuit Court for the District of Rhode Island · 1828
- Seitzinger v. RidgwaySupreme Court of Pennsylvania · 1840
- Henderson v. HaysSupreme Court of Pennsylvania · 1834
- Bosler's Administrators v. Exchange BankSupreme Court of Pennsylvania · 1846
- Steigleman v. JeffriesSupreme Court of Pennsylvania · 1815
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