Smith v. Porter
Supreme Court of Pennsylvania
debt THIS cause was originally instituted in the Common Picas of Montgomery county, from whence it was removed to the Circuit Court by habeas corpus. It was an action of assump-. sit to recover a debt due by the defendant's testator, to which the defendants pleaded non assumpsit and payment, and the Act of limitations, and the plaintiff replied in the usual form.
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debt THIS cause was originally instituted in the Common Picas of Montgomery county, from whence it was removed to the Circuit Court by habeas corpus. It was an action of assump-. sit to recover a debt due by the defendant's testator, to which the defendants pleaded non assumpsit and payment, and the Act of limitations, and the plaintiff replied in the usual form. At• the trial in the Circuit Court, the jury found the following spe- cial verdict; "And now, to wit rune 3d 1805, a jury being, "called come &c. who being duly sworn and affirmed do say, "they find on the pleas of non assumpsit arid…
1Opinion of the Court
Tilghman C. J.
delivered the opinion of the court.
This case comes before the court on a special verdict; and the single question is whether a debt due on account, and barred by the act of limitations, is revived by the following clause in the will of Robert Smith: “ I order and direct all my “just debts and funeral expenses to be paid.” Clauses of this kind are very usual in last wills. It is a form of old standing, probably introduced from English precedents. There are some countries in which it now is, or heretofore may have been useful to direct the payment of debts in a man’s will, because…
2Cited by8 opinions
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- Eckert v. WilsonSupreme Court of Pennsylvania · 1825
- Ritter's AppealSupreme Court of Pennsylvania · 1854
- Sawyer's Lessee v. Shannon and BolingU.S. Circuit Court for the District of Tennessee · 1809
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