Moyer's Administrators v. Fisher
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Lebanon county. This was an action of debt to April Term, 1854, by Henry Fisher and Mary his wife, v. Henry and Michael Moyer, administrators, &c., of John Moyer, deceased, on a bond executed by the said John Moyer, and dated the 1st April, 1837, for the payment of $600, on 1st April, 1838. The pleas were nil debet — the statute of limitations, payment, and payment with leave to give special matter in evidence. Issue, &e.
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ERROR to the Common Pleas of Lebanon county. This was an action of debt to April Term, 1854, by Henry Fisher and Mary his wife, v. Henry and Michael Moyer, administrators, &c., of John Moyer, deceased, on a bond executed by the said John Moyer, and dated the 1st April, 1837, for the payment of $600, on 1st April, 1838. The pleas were nil debet — the statute of limitations, payment, and payment with leave to give special matter in evidence. Issue, &e. On November 10, 1854, a jury was called. The bond was offered in evidence, and on part of the defendants was then added the plea of non est…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, C. J.
This was an action brought by Eisher and wife *515against the administrators of John Moyer, deceased, on a bond alleged to have been given by the intestate. The parties went to trial on several issues, among which were issues joined on the several pleas of nil debet and non est factum. The plaintiffs called the subscribing witness and proved the handwriting of the defendant’s intestate, but failed to prove any actual delivery of the bond. It did not appear that the obligee was present either in person or by agent, or that the bond was delivered…
2Cases cited1 opinion
- Hellings v. AmeySupreme Court of Pennsylvania · 1836