Guldin v. Lorah
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS BERKS COUNTY. January Term 1891, Sup. Ct.; court below, No. 22 June Term 1880, C. P. On May 12, 1880, Sallie E. Guldin, administratrix of the estate of Simon P. Guldin, deceased, brought case against George K. Lorah and Samuel R. Guldin, executors of John F. Guldin, deceased. On February 18, 1885, a declaration was filed to which the defendants pleaded, “ non-assumpsit, with leave, etc.”
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS BERKS COUNTY. January Term 1891, Sup. Ct.; court below, No. 22 June Term 1880, C. P. On May 12, 1880, Sallie E. Guldin, administratrix of the estate of Simon P. Guldin, deceased, brought case against George K. Lorah and Samuel R. Guldin, executors of John F. Guldin, deceased. On February 18, 1885, a declaration was filed to which the defendants pleaded, “ non-assumpsit, with leave, etc.” On April 20, 1885, the cause was referred to referees, who, on May 2, 1887, filed an award of “ no cause of action.” On exceptions filed, the award was set…
1Opinion of the Court
Per Curiam:'
This was a suit brought by the administratrix of a deceased partner against the surviving partner, to compel an accounting for the partnership assets. The defence interposed was the statute of limitations. No good reason is apparent why it should not be applied in such case, nor why the plaintiff should have waited over seven years before commencing suit. The right to plead the statute in such cases, is distinctly recognized in Hamilton v. Hamilton, 18 Pa. 20; McKelvy’s App., 72 Pa. 413; Everhart’s App., 106 Pa. 349.
Judgment affirmed.
2Cases cited3 opinions
- Everhart's AppealSupreme Court of Pennsylvania · 1884
- Hamilton v. Hamilton's ExecutorsSupreme Court of Pennsylvania · 1851
- McKelvy's AppealSupreme Court of Pennsylvania · 1873
3Cited by3 opinions
- Ebbert v. Plymouth Oil Co.Supreme Court of Pennsylvania · 1943
- Borland's AppealSupreme Court of Pennsylvania · 1912
- Herron v. HerronSuperior Court of Pennsylvania · 1916