Brewster's Administratrix v. Sterrett
Supreme Court of Pennsylvania
Error to the Common Pleas of Hrie county. This was an action of assumpsit, by Robert T. Sterrett against Susan M. Brewster, surviving administratrix of Alexander W. Brewster, deceased, on the following due-bills :— “ Erie, Pa.,- Dec. 20, 1849. “ $500. On settlement of a former note, due to Robert T. Sterrett, or order, five hundred dollars, with interest, for value received. Mehaffey & Brewster.”
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Error to the Common Pleas of Hrie county. This was an action of assumpsit, by Robert T. Sterrett against Susan M. Brewster, surviving administratrix of Alexander W. Brewster, deceased, on the following due-bills :— “ Erie, Pa.,- Dec. 20, 1849. “ $500. On settlement of a former note, due to Robert T. Sterrett, or order, five hundred dollars, with interest, for value received. Mehaffey & Brewster.” “Erie, Pa., Feb. 28, 1851. “ $193. On settlement of a former note, due to Robert T. Sterrett, or order, one hundred and ninety-three dollars, for value received. Mehaffey & Brewster.” These notes…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J. —
Undoubtedly the defendant’s first point ought to have been affirmed. The pleadings raised the question, whether the notes declared on were partnership liabilities of the firm of Mehaffey & Brewster, or individual debts of Brewster alone. There was some evidence, in the signature of the notes, to raise this question, though the weight of evidence inclined strongly to the plaintiff’s side of the issue, that the notes, though signed with the firm name, were really the proper debt of Brewster.
It is competent for a man to bind himself by any…
2Cited by4 opinions
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- Appeal of WilliamsSupreme Court of Pennsylvania · 1888
- Bostwick's EstatePennsylvania Orphans' Court, Washington County · 1926
- Thorpp's Sons Co. v. People's Trust Co., Pennsylvania Court of Common Pleas, Northampton County1924