Light v. Leininger
Supreme Court of Pennsylvania
In error from the Common Pleas of Lebanon county. Case stated. Peffly, the plaintiff’s intestate, was a creditor of defendant for work done. The defendant was a creditor of Peffly also for work done to an amount exceeding the debt due to Peffly. Peffly’s estate was insolvent, and the question was, whether defendant could set off his claim against the claim by Peffly’s administrator. The court decided that he could.
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In error from the Common Pleas of Lebanon county. Case stated. Peffly, the plaintiff’s intestate, was a creditor of defendant for work done. The defendant was a creditor of Peffly also for work done to an amount exceeding the debt due to Peffly. Peffly’s estate was insolvent, and the question was, whether defendant could set off his claim against the claim by Peffly’s administrator. The court decided that he could. The only event that can be considered as vesting any specific right or interest in the creditor, is the debtor’s death. His insolvency is then ascertained; the consequences of the…
1Opinion of the CourtCoulter, J.
The act of 1705, concerning defalcation, provides that where two or more persons dealing together he indebted to each other, and one of them commence an action against the other, that it shall be lawful for the defendant to plead payment and give any bond, bill, receipt, account, or bargain in evidence; and if it shall appear that the defendant hath fully paid or satisfied the debt or sum demanded, the jury shall find for him, and judgment he rendered in his favour.
It thus appears, by the provisions of the statute, that mutual demands of persons dealing together, mutually pay and satisfy each…
2Cited by6 opinions
- Fisher v. DavisSupreme Court of Pennsylvania · 1923
- Caplan Estate, Pennsylvania Court of Common Pleas, Alleghany County1968
- Commonwealth v. Toner, Pennsylvania Court of Common Pleas, Delaware County1982
- Gaugler EstatePennsylvania Orphans' Court, Montgomery County · 1967
- Shughart v. Carlisle Deposit Bank & Trust Co., Pennsylvania Court of Common Pleas, Cumberland County1940
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