Lyon v. Marclay
Supreme Court of Pennsylvania
FROM the district court of Lancaster county. In the court below, this was an action on the case, for money had and received, by Jacob F. Marclay and Ann his wife, against Thomas Lyon’s executor. Elizabeth Lyon had an illegitimate child, for which Robert Hamilton was indicted, convicted and sentenced. He gave a bond to the mother, conditioned for the payment of that part of the money which, by the terms of the sentence, was payable to her.
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FROM the district court of Lancaster county. In the court below, this was an action on the case, for money had and received, by Jacob F. Marclay and Ann his wife, against Thomas Lyon’s executor. Elizabeth Lyon had an illegitimate child, for which Robert Hamilton was indicted, convicted and sentenced. He gave a bond to the mother, conditioned for the payment of that part of the money which, by the terms of the sentence, was payable to her. A suit was also brought by Elizabeth Lyon against Robert Hamilton, for a breach of promise of marriage, in which a verdict and judgment were obtained for…
1Opinion of the Court
The opinion of the Court was delivered by
Ross, J.
The declaration in this case contained two counts, one for work and labour done and performed by the said Anne, and the other for money had and received for her use while sole. The defendant pleaded non assumpsit, and the statute of limitations, to which the plaintiff replied an assumption within six years. It seems that Anne, the wife of the plaintiff below, was an illegitimate child of Elizabeth Lyon, daughter of the deceased T. Lyon. She was born on the 29th of May 1799. Robert Hamilton was her putative father. He was indicted for the…
2Cases cited4 opinions
- Baylies v. FettyplaceMassachusetts Supreme Judicial Court · 1811
- Kinney's executors v. McClureSupreme Court of Virginia · 1823
- Wilson v. HamiltonSupreme Court of Pennsylvania · 1818
- Johnston v. HumphreysSupreme Court of Pennsylvania · 1826
3Cited by18 opinions
- Yorks's AppealSupreme Court of Pennsylvania · 1885
- Finney v. CochranSupreme Court of Pennsylvania · 1841
- In re Campbell's EstateSupreme Court of Pennsylvania · 1847
- Allen v. SarshikSupreme Court of Pennsylvania · 1930
- Heckert's AppealSupreme Court of Pennsylvania · 1855
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