Fitzgerald's Estate
Supreme Court of Pennsylvania
Appeals, Nos. 95 and 96, Jan. T., 1920, by Henry Tonge and Rae Tonge, his wife, from decree of O. C. Philadelphia Co., April T., 1911, No. 443, dismissing petition for restitution of payments made by executor in Estate of Thomas Fitzgerald, deceased. Petition for restitution of payments made by executor. Before Gummey, J. The facts appear by the opinion of the Supreme Court.
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Appeals, Nos. 95 and 96, Jan. T., 1920, by Henry Tonge and Rae Tonge, his wife, from decree of O. C. Philadelphia Co., April T., 1911, No. 443, dismissing petition for restitution of payments made by executor in Estate of Thomas Fitzgerald, deceased. Petition for restitution of payments made by executor. Before Gummey, J. The facts appear by the opinion of the Supreme Court. The court dismissed the petition and exceptions filed to the decree, in an opinion by Gest, J., 27 Pa. Dist. R. 313. Petitioners, Henry Tonge and Rae Tonge, creditors, appealed; Errors assigned were dismissal of the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Brown,
In October”, 1906, Henry Tonge and Rae, his wife, brought an action against “The Item Publishing Company,” to recover for injuries to the wife, caused by the negligence of a driver of a wagon, who was delivering a newspaper known as “The Philadelphia Item.” The plaintiffs recovered judgments, but were unable to collect them, either from the Item Publishing Company or the subscribers to its capital stock, against whom they filed a bill for the purpose of compelling payment of their claims: Tonge v. Item Publishing Co., 244 Pa. 417. Subsequently, by decree of…
2Cases cited5 opinions
- Tonge v. Item Publishing Co.Supreme Court of Pennsylvania · 1914
- Ferguson v. YardSupreme Court of Pennsylvania · 1894
- Fitzgerald's EstateSupreme Court of Pennsylvania · 1916
- Miller v. HulmeSupreme Court of Pennsylvania · 1889
- Edgar v. ShieldsSupreme Court of Pennsylvania · 1857
3Cited by3 opinions
- Dress v. Schuylkill Railway Co.Superior Court of Pennsylvania · 1924
- Ward v. Integrity Trust Co.District Court, E.D. Pennsylvania · 1936
- Schumann Estate, Pennsylvania Court of Common Pleas, Alleghany County1975