Frick v. Shimer
Superior Court of Pennsylvania
Appeal, No. 124, Oct. T., 1904, by defendant, from judgment of C. P. No. 1, Pliila. Co., Sept. T., 1903, No. 3,707, on verdict for plaintiff, iu case of Charles V. Frick v. John N. M. Shinier. Assumpsit for money loaned. Before Beetles,, J. The facts appear by the opinion of the Superior Court.
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Appeal, No. 124, Oct. T., 1904, by defendant, from judgment of C. P. No. 1, Pliila. Co., Sept. T., 1903, No. 3,707, on verdict for plaintiff, iu case of Charles V. Frick v. John N. M. Shinier. Assumpsit for money loaned. Before Beetles,, J. The facts appear by the opinion of the Superior Court. The court charged in part as follows : [Now, on April 10, when this young gentleman turned over the $1,200 to Mr. Shimer there were no writings took place between them at that time, excepting that as that $1,200 was a payment to the plaintiff out of his grandmother’s estate, of which Mr. Shimer was her…
1Opinion of the Court
Opinion by
Mobbison, J.,
Defendant was executor of plaintiff’s father, Horace E. Frick, deceased, and the administrator of Emeline Vesey, deceased, plaintiff’s grandmother. Plaintiff had an interest in both estates. On April 10, 1902, defendant paid to plaintiff, soon after he had reached his majority, on account of the latter’s share in the estate of Emeline Vesey, deceased, $1,200, by check which plaintiff at once indorsed, “ Pay to the order of the estate of Horace E. Frick, Charles Vesey Frick,” andhaiided the check back to the defendant. At the time plaintiff gave to defendant, as…
2Cases cited5 opinions
- Fehlinger v. WoodSupreme Court of Pennsylvania · 1890
- Shoemaker v. StilesSupreme Court of Pennsylvania · 1883
- Jessop v. IvorySupreme Court of Pennsylvania · 1893
- Seip v. DrachSupreme Court of Pennsylvania · 1850
- Wolf & Schoening v. City of PhiladelphiaSupreme Court of Pennsylvania · 1884
3Cited by1 opinion
- Barrett v. KingSuperior Court of Pennsylvania · 1916