Skiles v. Houston
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lancaster county: Of July Term 1885, No. 4. Case stated, wherein John D. Sidles, administrator of the estate of Amos S. Henderson, deceased, was plaintiff, and Robert J. Houston was defendant.
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Error to the Court of Common Pleas of Lancaster county: Of July Term 1885, No. 4. Case stated, wherein John D. Sidles, administrator of the estate of Amos S. Henderson, deceased, was plaintiff, and Robert J. Houston was defendant. The facts as agreed upon by the parties were as follows: Amos S. Henderson, who was a banker doing business in the city of Lancaster, died insolvent on January 13th, 1885, and letters of administration on bis estate were granted by the Register of Wills, of Lancaster county, to Jolm D. Skiles, on January 17th, 1885. On December 19th, 1884, Robert J. Houston made,…
1Opinion of the CourtJustice Green
When the plaintiffs intestate died, he was already indebted by a complete and perfect obligation to the defendant Houston. Suit could have been brought immediately by Houston and recovery had for the whole amount, notwithstanding the noto held by Henderson against Houston, because the latter was not yet due : Zuck & Henry v. McClure & Co., 2 Out., 541. It is evident then that when, upon Henderson’s death, the note against Houston passed to his administrator, it did so clogged with the whole of Henderson’s debt to Houston for the very reason that it was a perfected debt at the time of…
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