Collins v. Weiser
Supreme Court of Pennsylvania
IN ERROR. The declaration filed in this suit, which was brought in the Court of Common Pleas of Cumberland' county, by John Weiser against Eve Collins, (late Womelsdorf,) administratrix of Daniel Wo-melsdorf, deceased, set forth that the said Daniel, in his lifetime, and the said John, were indebted to one Jacob Rupley, in two joint and several obligations, each conditioned for the payment of sixty pounds; all of which moneys, payable and due on the said bonds, amounting to…
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IN ERROR. The declaration filed in this suit, which was brought in the Court of Common Pleas of Cumberland' county, by John Weiser against Eve Collins, (late Womelsdorf,) administratrix of Daniel Wo-melsdorf, deceased, set forth that the said Daniel, in his lifetime, and the said John, were indebted to one Jacob Rupley, in two joint and several obligations, each conditioned for the payment of sixty pounds; all of which moneys, payable and due on the said bonds, amounting to the sum of one hundred and fifty-one pounds, five shillings and ten pence, at the request of the said Jinn, as…
1Opinion of the Court
•The opinion of the court was delivered by
Gibson, J.
Although the promise is laid, in this declaration, as having been made by the administratrix, as such; yet, if the action must necessarily be considered as having been brought against her personally, the judgment, which is de bonis intestati, is undoubtedly wrong. But, notwithstanding the early decisions to the con*99trary, there is no difficulty in supporting this count, as of a promise made by the defendant, in her character of administratrix. The action is for money laid out and expended to her use, as adminis-tratrix, in consequence of the…
2Cited by4 opinions
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- Fitzhugh's ex'or v. FitzhughSupreme Court of Virginia · 1854
- Fitzhugh's ex'or v. FitzhughSupreme Court of Virginia · 1854
- Fitzhugh's ex'or v. FitzhughSupreme Court of Virginia · 1854