John v. John
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF NORTHUMBERLAND COUNTY. No. 101 January Term 1888, Sup. Ct.; court below, No. 296 May Term-1888, C. P. On April 5,1883, an action in assumpsit was brought by Kersey T. John against Ulysses F. John, to recover one half of the commissions allowed in the settlement of their accounts as the executors of the will of tlioir father, Samuel John, deceased. The defendant pleaded, non assumpsit, payment, payment with leave.
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ERROR TO THE COURT OF COMMON PLEAS OF NORTHUMBERLAND COUNTY. No. 101 January Term 1888, Sup. Ct.; court below, No. 296 May Term-1888, C. P. On April 5,1883, an action in assumpsit was brought by Kersey T. John against Ulysses F. John, to recover one half of the commissions allowed in the settlement of their accounts as the executors of the will of tlioir father, Samuel John, deceased. The defendant pleaded, non assumpsit, payment, payment with leave. At the trial on October 19, 1887, there were but two witnesses examined, the plaintiff and defendant, each in his own behalf, and from their…
1Opinion of the Court
Opinion,
Me. Justice Claek: :
This action of assumpsit was. brought by Kersey T. John, *113one of the executors of tlie last will and testament of Samuel John, late of ShamoMn, deceased, against Ulysses F. John, his co-executor, to recover his equal share of the commissions charged in their several separate accounts filed and confirmed by the Orphans’ Court, under an alleged agreement between them to this effect: The plaintiff, Kersey T. John, alleges that, after his father’s death, and after the letters were issued, he had an agreement with his brother Ulysses, that in the settlement of the estate…
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