Mahaffey v. Mahaffey
Supreme Court of Pennsylvania
IN ERROR. Writ of error to the Court of Common Pleas of Lycoming county, where the plaintiffs in error were defendants below. The action was brought by James Mahaffey against the defendants as administrators of Thomas Mahaffey, deceased.
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IN ERROR. Writ of error to the Court of Common Pleas of Lycoming county, where the plaintiffs in error were defendants below. The action was brought by James Mahaffey against the defendants as administrators of Thomas Mahaffey, deceased. The plaintiffs and defendants were brothers and children of the intestate, and the plaintiff having a claim against the estate of the father for services performed by him in his lifetime, brought an action on the case for the recovery of damages. In support of the action the plaintifi offered in evidence an arbitration bond executed by Robert, James, John,…
1Per curiam
The arbitration bond, was not given by the defendants as administrators of their father, but in their individual capacity, and an action might have been supported on it against them individually. But neither that bond, nor the award can be evidence against them, in the character of administrators. The bond is a sealed instrument, and consequently no evidence to support an action on the case, and as to the award, it can be no evidence to affect the estate of the intestate, because it was not made in consequence of a submission by the defendants as adminstrators. The plaintiff has mistaken his…
2Cited by1 opinion
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