Patton's v. Hassinger
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county: No. 57, to October and November Term 1870. This was an action of assumpsit, brought March 30th 1869, by George Hassinger against Robert Hardy, executor of Benjamin Patton, deceased.
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Error to the Court of Common Pleas of Allegheny county: No. 57, to October and November Term 1870. This was an action of assumpsit, brought March 30th 1869, by George Hassinger against Robert Hardy, executor of Benjamin Patton, deceased. The declaration was that the decedent in his lifetime, on the 1st of June 1859, in- consideration that the plaintiff at his request would supply John Patton, the decedent’s son, with boarding, attendance, &c., promised to pay the plaintiff therefor whatever they should be worth, and also on the 1st of June 1861 promised to repay the plaintiff the funeral…
1Opinion of the Court
The opinion of the court was delivered, October 23d 1871, by
Thompson, C. J.
The plaintiff below declared upon a contract with the decedent for furnishing his son John Patton, an invalid, with meat, drink, washing, lodging, attendance and other necessaries, and on a promise to pay him for the funeral expenses by him incurred in burying his said son. There were several pleas put in to the narr. by the executor, such as non assumpsit — non assumpsit infra sex annos, payment with leave, &c. So far as these pleas were a traverse of the cause of action of the plaintiff, the jury have found them all…
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