M'Adam v. Orr
Supreme Court of Pennsylvania
THIS was an action of account render brought in the District Court of the city and county of Philadelphia by Thomas M’Adam against Robert Orr, surviving administrator of John Hall, deceased.
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THIS was an action of account render brought in the District Court of the city and county of Philadelphia by Thomas M’Adam against Robert Orr, surviving administrator of John Hall, deceased. The declaration averred that whereas, heretofore, to wit, in the lifetime of the said John Hall, from the 1st day of September 1811, until the- 1st day of April 1831, the said Thomas M’Adam was seised in his demesne as of fee, of and in one undivided moiety or half part of a certain lot and piece of ground, with the messuage and tenement thereon erected, situate in south Tenth street, between Walnut…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
— I perceive no reason why the plaintiff should not have been permitted to file an additional count charging the defendant as factor for the sums of money and rents and profits of the land received by him for the plaintiff, since it is only a change in the mode of charging the defendant, whilst the ground of action remains the same, that is to say, his liability to account to the plaintiff for the receipts of the income of the houses; and it therefore falls within the adjudged cases. But the argument of the defendant is, that such new count…
2Cited by1 opinion
- Wilhelm's AppealSupreme Court of Pennsylvania · 1875