Blair v. Wood
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia County: Of January Term, 1884, No. 253. This was an action of assumpsit, by D. Blair, administrator d. b. n. of Joseph M. Lupfer, deceased, against John S. Wood. The narr. was in the common counts and claimed to recover the sum of $10,000, due plaintiff’s intestate.
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Error to the Court of Common Pleas, No. 1, of Philadelphia County: Of January Term, 1884, No. 253. This was an action of assumpsit, by D. Blair, administrator d. b. n. of Joseph M. Lupfer, deceased, against John S. Wood. The narr. was in the common counts and claimed to recover the sum of $10,000, due plaintiff’s intestate. Plea, payment, etc. and a special plea of sefroff that plaintiff’s intestate was indebted to defendant in a larger sum than that claimed in this suit, and defendant claimed a certificate in his favor for the balance due him. The claim of set-off was set forth substantially…
1Opinion of the CourtChief Justice Merctjr
Section 4 of the Act of April 11th, 1848, provides for the bringing of a suit against the executor or administrator of a deceased co-partner, for a debt of the firm, and for a recovery, without averring in the record or proving on the trial, the insolvency of the surviving partner. For the purpose of action against the representative, the debt is treated as if it was the individual debt of the decedent: Brewster’s Adm’r v. Sterrett, 8 Casey, 115. The estate of the decedent becomes liable for the whole debt of the firm of which he was a member : Moore’s Appeals, 10 Id., 411. In the class of…
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