Earnest v. Earnest
Supreme Court of Pennsylvania
Writ of error to the Court of Common Pleas of Montgomery county in an action brought by the defendants in error, who were the minor children of Henry Earnest deceased, who was a son of Baltzer Earnest, deceased, by their guardian John Huston, against the plaintiffs in error, who were the administrators of Baltzer Earnest, to recover a distributive share of their grand-father’s estate.
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Writ of error to the Court of Common Pleas of Montgomery county in an action brought by the defendants in error, who were the minor children of Henry Earnest deceased, who was a son of Baltzer Earnest, deceased, by their guardian John Huston, against the plaintiffs in error, who were the administrators of Baltzer Earnest, to recover a distributive share of their grand-father’s estate. The declaration set forth that Baltzer Earnest died intestate on the 20th September, 1829, leaving five children and three grandchildren, to wit, Eli, Mary and Elizabeth, the plaintiffs, who were the children of…
1Opinion of the CourtRogers, J.
The evidence which forms, the ground-work of the defendant’s exceptions may be classed under two heads:—
1st. The rejection of the promissory notes given by Henry Earliest to Baltzer Earnest, and •
2d. The refusal to admit the notes with the explanatory evidence of Catharine Earnest.
As to the first point, it seems to have been conceded on the argument. in the court below, that.a debt due by a son to a'father, cannot be set off in a suit brought by the grand-chijdren for a distributive share of the estate of the grandfather. .Now, it appears to us, that whether the notes were evidence of a debt,…
2Cited by15 opinions
- McCandless v. CommonwealthCourt of Appeals of Kentucky · 1916
- Levering v. RittenhouseSupreme Court of Pennsylvania · 1839
- Webb v. FullerSupreme Judicial Court of Maine · 1893
- Stenson v. H. S. Halvorson Co.North Dakota Supreme Court · 1914
- Holliday v. WardSupreme Court of Pennsylvania · 1852
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