Bosler's Administrators v. Exchange Bank
Supreme Court of Pennsylvania
Error to the District Court of Alleghany county. Sept. 18. This was an amicable action in case, wherein the administrators of Henry C. Bosler, the plaintiffs in error, were plaintiffs, and The Exchange Bank of Pittsburgh'was defendant.
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Error to the District Court of Alleghany county. Sept. 18. This was an amicable action in case, wherein the administrators of Henry C. Bosler, the plaintiffs in error, were plaintiffs, and The Exchange Bank of Pittsburgh'was defendant. From the case stated and submitted for the opinion of the court below, the facts appeared to be these : The plaintiff’s intestate, Henry-C. Bosler, during his lifetime, kept a deposit account with the defendant, on which, at the period of his death, on the 25th day of December, 1844, there was a balance standing to his credit, amounting to the sum of $421 39. ■…
1Opinion of the CourtRogers, J.
A set-off is allowed in a suit brought either by or against executors or administrators, and the fact that the debt proposed to be set-off was not due at the time of the death of the testator, or intestate, would make no difference if due when suit was commenced, and the estate be solvent. But is a set-off .allowable when the estate is notoriously insolvent? We think not, for the simple reason that it would disturb the course of administration. ' At the death of the testator or intestate, the executor or administrator is the trustee for the creditors, whose right to the assets at that time…
2Cases cited3 opinions
- Murray v. WilliamsonSupreme Court of Pennsylvania · 1810
- Scott v. RamsaySupreme Court of Pennsylvania · 1807
- Leiper v. LevisSupreme Court of Pennsylvania · 1827
3Cited by16 opinions
- Bandy v. FIRST STATE BANK, OVERTON, TEX.Texas Supreme Court · 1992
- Brothers v. Girard National BankSupreme Court of Pennsylvania · 1915
- Anthracite Trust Co. Mears's AppealSupreme Court of Pennsylvania · 1935
- Hartranft v. UhlingerSupreme Court of Pennsylvania · 1887
- Little's Admr. v. City Nat. BankCourt of Appeals of Kentucky · 1903
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