Kimble v. Carothers
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lycoming county: Of January Term 1875, No. 184. This was an action of assumpsit, brought November 11th 1874, by Andrew Carothers, administrator, &c., of Sarah Lusk, deceased, against Nathan B. Kimble, administrator, &c., of John McBride, deceased.
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Error to the Court of Common Pleas of Lycoming county: Of January Term 1875, No. 184. This was an action of assumpsit, brought November 11th 1874, by Andrew Carothers, administrator, &c., of Sarah Lusk, deceased, against Nathan B. Kimble, administrator, &c., of John McBride, deceased. The declaration was filed January 18th 1875; it was in the common counts, and on a special count, in which the plaintiff claimed “ from defendant the value of the following goods and chattels, the property of Sarah Lusk, seized and sold by the defendant as the property of John McBride;” the goods, &c., were…
1Opinion of the CourtJustice Sharswood
This was an action of assumpsit, brought in the court below by the administrator of Sarah Lusk, deceased, against the administrator of John McBride, deceased, to recover a sum of money of which it was alleged that McBride had taken possession before his death, and which belonged to Sarah Lusk. It is clear, that though McBride’s possession might have been tortious originally, yet the plaintiff below had a perfect right to waive the tort and recover in *506the court below for money McBride had received to the use of Sarah Lusk. It was an action to establish a debt against the estate of McBride,…
2Cited by5 opinions
- Commonwealth v. Easton Trust Co.Supreme Court of Pennsylvania · 1943
- Pringle v. PringleSupreme Court of Pennsylvania · 1890
- South Hills Trust Co. v. BakerSupreme Court of Pennsylvania · 1924
- Petillo v. Perry, Pennsylvania Court of Common Pleas, Philadelphia County1943
- Sheehan EstatePennsylvania Orphans' Court, Philadelphia County · 1952