Hall v. Hering
Superior Court of Delaware
Action of Debt on a joint and several bond for $250 executed by Sally A. Hasten and Hezekiah Hasten on the 14th day of October, 1897, to John W. Hall, the plaintiff. The pleas were non est factum, payment, accord and satisfaction, release, set-off, plane administravit no assets ultra, and act of limitations. Reps and issues.
Read the full summary
Action of Debt on a joint and several bond for $250 executed by Sally A. Hasten and Hezekiah Hasten on the 14th day of October, 1897, to John W. Hall, the plaintiff. The pleas were non est factum, payment, accord and satisfaction, release, set-off, plane administravit no assets ultra, and act of limitations. Reps and issues. At the trial the plaintiff proved the due execution and delivery of said bond by the obligors therein to himself, also a promise by Hezekiah Hasten (now deceased) as administrator of Sally A. Hasten, to pay the same, but that same had not been paid, and after offering…
1Opinion of the Court
Pennewill, J.:
—We feel that we would like to have further time to consider this matter. We decline to grant the nonsuit, but you may present the matter later to the Court in your prayers.
Counsel for defendant stated that he had no evidence to offer and thereupon presented a prayer to the Court that they instruct the jury to render a verdict in favor of the defendant on the same ground as stated in the above motion for a nonsuit.
7 Amr. & Eng. Ency. of Law, 384; 2 Greenleaf on Evidence, Sec. 346; Bentley vs. Bentley, 7 Cowen, 701; Mara vs. Quin, 6 Term Report, 1—10; 3 Williams on Executors,…
2Cited by1 opinion
- Beadenkopf v. SchwartzSuperior Court of Delaware · 1932