Gallen's Estate
Superior Court of Pennsylvania
Appeal, No. 121, Oct. T., 1901, by John C. Gallen, from decree of O. C. Phila. Co., Oct. T., 1897, No. 105, directing the payment of an award in the Estate of Charles Gallen, Deceased. Petition for an order to compel payment of an award. The petition averred that on January 29, 1898, the sum of $193.79 had been awarded to the petitioner, Catharine T. D. Givin, from the estate of Charles Gallen, deceased, and that the administrator of the estate had not paid the award.
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Appeal, No. 121, Oct. T., 1901, by John C. Gallen, from decree of O. C. Phila. Co., Oct. T., 1897, No. 105, directing the payment of an award in the Estate of Charles Gallen, Deceased. Petition for an order to compel payment of an award. The petition averred that on January 29, 1898, the sum of $193.79 had been awarded to the petitioner, Catharine T. D. Givin, from the estate of Charles Gallen, deceased, and that the administrator of the estate had not paid the award. The answer to the petition was as follows : The respondent admits that upon the adjudication of his account as administrator…
1Opinion of the Court
Per Curiam,
The appellant’s contention is that the payment made by him *368at the special instance and request of the petitioner after the date of the award should have been treated by the court below as payment and satisfaction of the award. The complete answer to his contention is that he does not allege that there was any agreement between him and her that the money paid on her behalf and the money lent to her was to be so applied. Without such agreement he cannot say that he has paid the award nor can he set off the indebtedness from her to him against the award. The mere fact that a person…
2Cases cited1 opinion
- Cooke v. EdwardsSuperior Court of Pennsylvania · 1900
3Cited by2 opinions
- Yezbak v. CroceSupreme Court of Pennsylvania · 1952
- Gettier v. FridaySupreme Court of Pennsylvania · 1953