Kirby v. Kirby
Supreme Court of Pennsylvania
Appeal, No. 128, Jan. T., 1914, by defendant, from judgment of O. P. No. 1, Philadelphia Co., June T., 1911, No. 1479, on verdict for plaintiff, in case of Edgar Kirby v. Elwood R. Kirby and Sarah A. Kirby. Assumpsit on an oral promise to pay a decedent’s debt. Before Bregy, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $1,748.50 and judgment thereon. Defendants appealed.
Read the full summary
Appeal, No. 128, Jan. T., 1914, by defendant, from judgment of O. P. No. 1, Philadelphia Co., June T., 1911, No. 1479, on verdict for plaintiff, in case of Edgar Kirby v. Elwood R. Kirby and Sarah A. Kirby. Assumpsit on an oral promise to pay a decedent’s debt. Before Bregy, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $1,748.50 and judgment thereon. Defendants appealed. Errors assigned were instructions to the jury, the refusal of the court to direct a verdict for defendant and to enter judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Mr. Chief Justice Brown,
When R. J. Kirby died, in December, 1900, he was indebted to Edgar Kirby, the plaintiff below and appellee, in the sum of $1,300, on a note dated April 13, 1896. He died intestate, leaving to survive him a widow and one son, the appellants, to whom there passed, subject to the payment of his debts, whatever estate he possessed. Shortly after his death the appellee notified the appellants that he wanted them to pay the note which he held against the decedent, or he would be compelled to enter suit against the estate. The verdict of the jury conclusively…
2Cases cited3 opinions
- Nugent v. WolfeSupreme Court of Pennsylvania · 1886
- Bailey v. MarshallSupreme Court of Pennsylvania · 1896
- Elkin v. TimlinSupreme Court of Pennsylvania · 1892
3Cited by10 opinions
- Kampman v. Pittsburgh Contracting & Engineering Co.Supreme Court of Pennsylvania · 1934
- Philadelphia v. Rosin's Parking Lots, Inc.Supreme Court of Pennsylvania · 1947
- Swoope's EstateSupreme Court of Pennsylvania · 1935
- First Nat. Bk. of Scranton v. PayneSupreme Court of Pennsylvania · 1944
- Mosely v. MassiahSuperior Court of Pennsylvania · 1926
5 more not listed; retrieve them via the Exa API.