Fluck v. Hager
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bucks county. This was an amicable action of covenant, in which there was a case stated, between Samuel M. Hager, to the use of Charles Schonley, plaintiff, and Tobias Fluck and Jacob Delp, administrators, &c., of Charles Z. Nace, deceased. On the 30th of December 1856, William Spink gave a mortgage to Hager, to secure a bond recited in it. On the 1st of January 1857, Hager assigned the mortgage to Nace.
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Error to the Court of Common Pleas of Bucks county. This was an amicable action of covenant, in which there was a case stated, between Samuel M. Hager, to the use of Charles Schonley, plaintiff, and Tobias Fluck and Jacob Delp, administrators, &c., of Charles Z. Nace, deceased. On the 30th of December 1856, William Spink gave a mortgage to Hager, to secure a bond recited in it. On the 1st of January 1857, Hager assigned the mortgage to Nace. On the 12th of January 1859, Nace assigned the mortgage to Hager, with the covenant, on which this suit is brought, viz., “ and in case the same cannot…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
The question submitted for adjudication in the court below was distinctly stated to be, whether the plaintiffs can recover in the action of covenant, on the covenants of Charles Z. Nace with Samuel Hager, of the 12th January 1859, the same not having been recoverable from William Spink since the date of said assignment. It is therefore an action on the covenant and undertaking of the decedent in his lifetime, and not upon that of the administrator personally, and this is important to be borne in mind in this case. The covenant of the…
2Cases cited1 opinion
- Geyer v. SmithSupreme Court of the United States · 1788
3Cited by2 opinions
- Baltimore Trust Co. v. Metropolitan Casualty Ins.District Court, D. Maryland · 1933
- Baltimore Trust Co. v. Metropolitan Casualty Ins.Court of Appeals for the Fourth Circuit · 1934