Hartman's Appeal
Supreme Court of Pennsylvania
Appeal from tbe decree of tbe Orphans’ Court of Northarnpton County, distributing the estate of Bartholomew Huber, deceased.
Read the full summary
Appeal from tbe decree of tbe Orphans’ Court of Northarnpton County, distributing the estate of Bartholomew Huber, deceased. Bartholomew Huber, of Saucon Township, Northampton County,/died about the 17th September, 1856, having first made his last will, and testament, dated the 2d day of Novem.ber, 185,0, which was duly admitted to probate on the 29th day of October, 1856, upon which letters testamentary to Jacob Hartman and Mary Huber, the executors named in the said will, were issued, on the said 29th October, 1856. By this will the testator directs all his property, real, personal, and…
1Opinion of the Court
The opinion of the court was delivered
by Strong, J.
The relation of debtor and creditor is commonly presumed from the performance and receipt of services. But when the relations of the parties are such as to negative the idea that the services were rendered in expectation of payment, they cannot be made the basis of a legal claim. Thus, where services have been rendered in expectation of a legacy, the law will imply no promise to pay for them. Swires v. Parsons, 5 W. & S. 358, and the cases there cited. If it were not so, a man might be made a debtor without his consent, and even without his…
2Cases cited1 opinion
- Swires v. ParsonsSupreme Court of Pennsylvania · 1843
3Cited by4 opinions
- Schrimpf v. SettegastTexas Supreme Court · 1872
- Estate of Rachel NusbaumSuperior Court of Pennsylvania · 1930
- Middleton v. TaylorSupreme Court of New Jersey · 1794
- Stewart v. StewartNew Jersey Court of Chancery · 1879