Hummel v. Brown
Supreme Court of Pennsylvania
ERROR to tbe Common Pleas of Northampton Qounty. Action of debt by John Brown and John Hinkle, administrators, &c., of George Hinkle, deceased, v. Solomon Hummel, administrator, &c., of Christian Hummel, deceased. Michael Hinkle, seised of real estate, died intestate in 1836. An inquest was held, and the proceedings confirmed in the Orphans’ Court of Northampton county.
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ERROR to tbe Common Pleas of Northampton Qounty. Action of debt by John Brown and John Hinkle, administrators, &c., of George Hinkle, deceased, v. Solomon Hummel, administrator, &c., of Christian Hummel, deceased. Michael Hinkle, seised of real estate, died intestate in 1836. An inquest was held, and the proceedings confirmed in the Orphans’ Court of Northampton county. John Hinkle, eldest son, accepted purpart No. 1 at the valuation, and gave his bonds, with recognisance, to secure the respective shares of the widow and heirs, and, among others, gave a bond to George Hinkle, one of the…
1Opinion of the Court
The opinion of the Court was delivered by
Woodwabd, J.
Can mere readiness to pay a debt excuse from payment of interest ? Certainly not, and this was all that was offered in defendant’s first bill. A legal tender will stop interest, and if the creditor be not at hand, a bond fide effort to find him for purposes of tender and payment, ought, I should think, to be submitted to the jury as a material fact bearing on continued liability for interest; but possession of the means with disposition to pay, which is all that readiness can import, is not, alone, a fact to be submitted to the jury. The…
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