Fritz v. Thomas
Supreme Court of Pennsylvania
Upon a writ of error to the Court of Common Pleas of the county of Montgomery, it appeared that Christian Fritz brought an action of assumpsit, in that court, to November Term, 1833, against Charles Thomas and Merchant Mauls by, administrators of the goods, &c. of George Fitzwater, deceased, to recover the amount of a promissory note for 71 dollars, dated the 30th day of December, A. D. 181§, drawn by the said George Fitzwater, m his life time, in favour of the said…
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Upon a writ of error to the Court of Common Pleas of the county of Montgomery, it appeared that Christian Fritz brought an action of assumpsit, in that court, to November Term, 1833, against Charles Thomas and Merchant Mauls by, administrators of the goods, &c. of George Fitzwater, deceased, to recover the amount of a promissory note for 71 dollars, dated the 30th day of December, A. D. 181§, drawn by the said George Fitzwater, m his life time, in favour of the said Christian Fritz. The declaration averred a promise by the intestate, in his life time, and also a promise by the administrators,…
1Opinion of the Court
The opinion of the court was delivered by
Gipson, C. J.
The concession that the plaintiff’s claim is just, and the promise to see what could be done for him, would doubtless be sufficient to maintain an action, if the consideration were the defendants’ own debt. But can any acknowledgment by an executor or administrator, preclude him from pleading the statute of limitations to a count on the original cause of action? In Jones v. Moore, 5 Binney, 573, and subsequently in Bailey v. Bailey, 14 Serg. & Rawle, 195, and Scull v. Wallace, 15 Serg. & Rawle, 231, it was doubtless taken for granted, that…
2Cases cited3 opinions
- Thompson v. PeterSupreme Court of the United States · 1827
- Bailey v. Bailey ex rel. NeillSupreme Court of Pennsylvania · 1826
- Scull v. Executors of WallaceSupreme Court of Pennsylvania · 1826
3Cited by27 opinions
- Schutz v. . MoretteNew York Court of Appeals · 1895
- Reed v. ReedSupreme Court of Pennsylvania · 1863
- Estate of Charles B. Wolf, Charles S. Wold, Frances G. Wolf, Executors v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1959
- Burt v. HerronSupreme Court of Pennsylvania · 1870
- Estate of ClaghornSupreme Court of Pennsylvania · 1897
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