Legal Opinion

Sims's Administrator v. Chew

Supreme Court of Pennsylvania

Decided March 30, 1827Published

This action was brought by the administrator of Walter Sims, deceased, against Benjamin Chew and William Raivle, to try the right to a sum of money in the hands of the defendants, it was tried before Duncan, J. at Nisi Prius, and a special verdict found, stating the following facts:— On the 6th November, 1806, Philip Nicklin died, being largely indebted to sundry persons, as well in his separate capacity as in his capacity of partner of the house of Nicklin 4’ Griffith.

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This action was brought by the administrator of Walter Sims, deceased, against Benjamin Chew and William Raivle, to try the right to a sum of money in the hands of the defendants, it was tried before Duncan, J. at Nisi Prius, and a special verdict found, stating the following facts:— On the 6th November, 1806, Philip Nicklin died, being largely indebted to sundry persons, as well in his separate capacity as in his capacity of partner of the house of Nicklin 4’ Griffith. He-was indebted to Benjamin Chew the elder, in a bond jointly and severally with R. E. Griffith, his partner, in the sum of…

1Opinion of the Court

The opinion of the court was delivered by

Gibson, J.

On the facts found, I should be unable to determine whether the deed of trust be void for want of notice, the jury not having passed on the existence of notice at the date of the bond of indemnity, when the contract was new modelled, which, therefore seems to be the time material to the question; or whether the interest of the elder Mr. Chew.under it, if any existed originally, ought to be postponed in consequence of the acts of the younger Mr. Chew, who was his agent. Haply a solution of these questions is unnecessary, as independently of…

2Cases cited2 opinions

  1. Champion v. BrownNew York Court of Chancery · 1822
  2. Funk v. VoneidaSupreme Court of Pennsylvania · 1824

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