Legal Opinion

Keener v. Zartman

Pennsylvania Court of Common Pleas, Lancaster County

Decided October 5, 1891No. 97PublishedCited by 11 opinions

No. 97 July Term 1890, Sup. Ct.; court below, No. 58 June Term 1887, C. P. On June 7,1887, Monroe Keener, administrator of the estate of Emanuel Keener, deceased, brought assumpsit against David Zartman, administrator of the estate of David Zartma'n, deceased. The plaintiff’s statement of claim was not printed in the paper-books. The defendant pleaded, non-assumpsit, nonassumpsit infra sex annos, payment, and set-off.

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No. 97 July Term 1890, Sup. Ct.; court below, No. 58 June Term 1887, C. P. On June 7,1887, Monroe Keener, administrator of the estate of Emanuel Keener, deceased, brought assumpsit against David Zartman, administrator of the estate of David Zartma'n, deceased. The plaintiff’s statement of claim was not printed in the paper-books. The defendant pleaded, non-assumpsit, nonassumpsit infra sex annos, payment, and set-off. At the trial, on April 30, 1890, the plaintiff called Jacob S. Keener, to prove books of original entry. On his voir dire, the witness testified that he was a son of Emanuel…

1Opinion of the Court

Opinion,

Me. Justice Geeen:

The claim of the plaintiff in this case is exceedingly old and stale. It is founded upon an allegation that money was paid by the plaintiff’s intestate for the defendant’s intestate, for wages owing by the latter, and that boarding was furnished to the men who did the work, as far back as the year 1864, which was twenty-three years before the present action was brought. A further claim of the same character, in the year 1873, is included, and that was fourteen years prior to the suit. We know nothing of the items of these claims, as neither the appellant nor the…

2Cases cited6 opinions

  1. Palmer v. GillespieSupreme Court of Pennsylvania · 1880
  2. Wesner v. Stein & GreenawaltSupreme Court of Pennsylvania · 1881
  3. Shaeffer v. HoffmanSupreme Court of Pennsylvania · 1886
  4. Kensington Bank v. PattonSupreme Court of Pennsylvania · 1850
  5. Lawson v. McCartneySupreme Court of Pennsylvania · 1883

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Crosetti's EstateSupreme Court of Pennsylvania · 1905
  2. Maniatakis' EstateSupreme Court of Pennsylvania · 1917
  3. Engemann v. Colonial Trust Co.Supreme Court of Pennsylvania · 1954
  4. Wilson v. Prudential Ins. Co. of AmericaMichigan Supreme Court · 1936
  5. Hazlett v. StillwagenSuperior Court of Pennsylvania · 1903

6 more not listed; retrieve them via the Exa API.

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