Hostetter v. Hollinger
Supreme Court of Pennsylvania
.ERROR TO THE COURT OE COMMON PLEAS OF LANCASTER COUNTY. No. 14 January Term 1887, Sup. Ct.; court below, No. 25 October Term 1884, C. P. On September 20,1884, Henry M. Baer, administrator of Maria Baer, deceased, brought assumpsit against Elizabeth Hostetter, executrix of Henry Hostetter, deceased. Soon afterward, the discharge of Henry M. Baer, administrator of Maria Baer, was suggested, and John H. Hollinger, administrator d. b. n., substituted.
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.ERROR TO THE COURT OE COMMON PLEAS OF LANCASTER COUNTY. No. 14 January Term 1887, Sup. Ct.; court below, No. 25 October Term 1884, C. P. On September 20,1884, Henry M. Baer, administrator of Maria Baer, deceased, brought assumpsit against Elizabeth Hostetter, executrix of Henry Hostetter, deceased. Soon afterward, the discharge of Henry M. Baer, administrator of Maria Baer, was suggested, and John H. Hollinger, administrator d. b. n., substituted. The declaration was in the common counts, and the pleas, non assumpsit infra sex annos and payment with leave. At the trial on. February 8, 1885,…
1Opinion of the Court
Opinion,
Me. Justice Clabk:
If it be true, as alleged, that John S. and Jacob Hostetter each placed in the hands of their brother, Henry Hostetter, the sum of $333.33|- upon the agreement of Henry that he would contribute a like sum to the fund, making in all $1,000, for the use of Maria Baer, the law would perhaps give effect to the intention of the parties and create a binding obligation upon Henry to apply the money according to the agreement. The contract being in furtherance of a common purpose, the promise and payment of the money in pursuance of it by John and Jacob, would be a…
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