Bredin v. Dwen
Supreme Court of Pennsylvania
ERROR to Cumberland county. This was an action of account-render by John Dwen and Elizabeth his wife, late Elizabeth Hagan, against James Bredin.
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ERROR to Cumberland county. This was an action of account-render by John Dwen and Elizabeth his wife, late Elizabeth Hagan, against James Bredin. The declaration charged, “ that the said James Bredin render them, the said John Dwen and Elizabeth his wife, (which said Elizabeth is a daughter and legatee of the late Thomas Hagan deceased) a reasonable account for the time in which the said James was bailiff and receiver of tbe money of them, the said John and Elizabeth his wife, as executor of the last will and testament of the said Thomas Hagan deceased, and for, or by, reason of any trust…
1Per curiam
An action of assumpsit, debt, detinue or account-render, as the case may require, is expressly given by the act of 1772, for any legacy or bequest of money, goods or chattels: and if this be not a proper case for account-render, the defendant having been the receiver of the effects charged in the declaration, one can hardly be imagined. The action being proper, the judgment in it precludes all the questions but two that have been attempted to be raised out of it. It is immaterial whether the plaintiff or her trustee be the party originally entitled. After judgment that the defendant account,…
2Cited by3 opinions
- Reeside's v. ReesideSupreme Court of Pennsylvania · 1865
- Burton v. TrainerSuperior Court of Pennsylvania · 1905
- Creagh v. TunstallSupreme Court of Alabama · 1893