Legal Opinion

Bear's Administrator v. Bear

Supreme Court of Pennsylvania

Decided July 1, 1859PublishedCited by 3 opinions

Error to the Common Pleas of Lancaster county. This was an action of assumpsit by William L. Bear, administrator of Andrew Bear, deceased, against Elizabeth Bear, his widow, to recover the sum of $1807.50 advanced by the decedent in his lifetime for the improvement of his wife’s separate estate.

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Error to the Common Pleas of Lancaster county. This was an action of assumpsit by William L. Bear, administrator of Andrew Bear, deceased, against Elizabeth Bear, his widow, to recover the sum of $1807.50 advanced by the decedent in his lifetime for the improvement of his wife’s separate estate. The defendant, at the time of her marriage with the decedent, was the owner of a piece of ground in the city of Lancaster, situate on the north side of North Queen street, near the corner of Lemon street. On the 18th February 1856, after her marriage to the decedent, the defendant entered into a…

1Opinion of the Court

The opinion of the court was delivered by

Strong, J.

This is an action brought by the administrator of a deceased husband against his wife, to recover money paid, laid out, and expended by him, for her use, in the improvement of her real estate, and, as is alleged, at her request. It is, of course, founded upon an implied promise of the wife to the husband, and it assumes that a husband and wife may contract with each other, that she is legally bound by her promise to pay him for money advanced for her use, and that compliance with such a promise may be enforced by suit against her at law. The…

2Cited by3 opinions

  1. Sellers v. HeinbaughSupreme Court of Pennsylvania · 1887
  2. Goodhart v. Myers, Pennsylvania Court of Common Pleas, Cumberland County1923
  3. Streng v. Bittner, Pennsylvania Court of Common Pleas, Somerset County1944

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