Bair v. Chambers
Superior Court of Pennsylvania
Appeal, No. 300, Oct. T., 1917, by plaintiff, from order of C. P. No. 3, Philadelphia Co., June T., 1917, No. 270, discharging rule for judgment for want of a sufficient affidavit of defense in case of Oliver H. Bair v. Blanche A. Chambers. Assumpsit for funeral expenses of a mother, alleged to have been incurred at the special instance and request of a daughter.
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Appeal, No. 300, Oct. T., 1917, by plaintiff, from order of C. P. No. 3, Philadelphia Co., June T., 1917, No. 270, discharging rule for judgment for want of a sufficient affidavit of defense in case of Oliver H. Bair v. Blanche A. Chambers. Assumpsit for funeral expenses of a mother, alleged to have been incurred at the special instance and request of a daughter. The defendant filed an affidavit of defense, the material portions of which are stated in the opinion of the Superior Court. Error assigned was order discharging rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Kephart, J.,
The appellant seeks to recover funeral expenses incurred by a daughter in the burial of her mother. It is admitted that the mother left an estate ample to liquidate these expenses and the issue, as framed by the affidavit, does not involve the question of the liability of the daughter to furnish this attention as being “necessaries” under the law. The plaintiff alleges that “at the special instance and request of the defendant” he prepared for burial and buried Ada E. Chambers and in carrying out his contract incurred the expenses for which this action is brought. The…
2Cases cited4 opinions
- Leber v. KauffeltSupreme Court of Pennsylvania · 1843
- Roberts v. MessingerSupreme Court of Pennsylvania · 1890
- Shoenberger's Executors v. Lancaster Savings InstitutionSupreme Court of Pennsylvania · 1857
- Holcomb v. RobertsSupreme Court of Pennsylvania · 1868
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- LOVEJOY v. GeorgeffSuperior Court of Pennsylvania · 1973
- Purman's EstateSupreme Court of Pennsylvania · 1939
- Hodge v. Cameron, Exr.Superior Court of Pennsylvania · 1938
- Beckman, SEC. of Bkg. v. Owens, Ex.Superior Court of Pennsylvania · 1939
- In re Scalzo, Pennsylvania Court of Common Pleas, Lackawanna County1940
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