Johnston v. Johnston's Administrator
Supreme Court of Pennsylvania
Error, to the Common Pleas of Fayette county. This was an action of assumpsit by Louisa Johnston against Eli Abrams, administrator of George Johnston, her deceased husband, to recover a sum of $500, alleged to have been received by George Johnston, in his lifetime, from his wife’s separate estate.
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Error, to the Common Pleas of Fayette county. This was an action of assumpsit by Louisa Johnston against Eli Abrams, administrator of George Johnston, her deceased husband, to recover a sum of $500, alleged to have been received by George Johnston, in his lifetime, from his wife’s separate estate. The plaintiff was married to George Johnston, the defendant’s intestate, some time prior to the year 1847. She was entitled to a sum of $500 from her father’s estate, one-half of which was paid to her husband in the fall of 1847. The other half of the money was received by Johnston in December 1848.…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
The general charge of the learned judge of the court below to the jury was not exceptionable, and there is no assignment of error upon it. But after having retired to consider of their verdict, the jury returned into court for further instruction, and propounded the following question: “ Supposing that the wife did allow the money to he appropriated to the fitting up of the house, whether his agreement afterwards to pay it would be binding upon the intestate.”
This inquiry evidently had in view instruction on the effect of an alleged…
2Cases cited1 opinion
- Estate of HindsSupreme Court of Pennsylvania · 1840
3Cited by5 opinions
- Peoples Savings & Dime Bank & Trust Co. v. ScottSupreme Court of Pennsylvania · 1931
- Snaith v. SnaithSuperior Court of Pennsylvania · 1980
- Est. of WormleySupreme Court of Pennsylvania · 1890
- Gleghorne v. GleghorneSupreme Court of Pennsylvania · 1888
- Miller v. Tice, Pennsylvania Court of Common Pleas, Northampton County1929