Legal Opinion

Swain v. Ettling

Supreme Court of Pennsylvania

Decided July 1, 1859PublishedCited by 5 opinions

Error to the District Court of Philadelphia. This was an action of assmnpsit by Frances Ettling, against WilM. Swain, Arunah S. Abell, and William P. Preston, executors of Azariah H. Simmons, deceased, on two promissory notes of the decedent, in favour of the plaintiff; one of them for $5000, dated 20th July 1847, at 12 months, and the other for $6000, dated 2d August 1853, payable on demand. The facts of the case are very fully stated in the opinion of the court.

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Error to the District Court of Philadelphia. This was an action of assmnpsit by Frances Ettling, against WilM. Swain, Arunah S. Abell, and William P. Preston, executors of Azariah H. Simmons, deceased, on two promissory notes of the decedent, in favour of the plaintiff; one of them for $5000, dated 20th July 1847, at 12 months, and the other for $6000, dated 2d August 1853, payable on demand. The facts of the case are very fully stated in the opinion of the court. On the trial, the defendants’ counsel requested the court to charge the jury as follows:— 1. That their verdict should be for the…

1Opinion of the Court

The opinion of the court was delivered by

Read, J. —

This was an action of assumpsit, brought on the 25th February 1856, in the District Court for the city and county of Philadelphia, by Frances Ettling, against the executors of Azariah H. Simmons, deceased. The declaration contained the common counts and two special counts, one on a promissory note of A. H. Simmons for $5000, dated July 20th 1847, and payable twelve months after date to Frances Ettling; the other on another note of Simmons for $6000, dated August 2d 1853, and payable with interest to Frances Ettling, on demand, without…

2Cited by5 opinions

  1. Commonwealth v. Easton Trust Co.Supreme Court of Pennsylvania · 1943
  2. Pringle v. PringleSupreme Court of Pennsylvania · 1890
  3. Littlefield v. Dearden, Pennsylvania Court of Common Pleas, Montgomery County1943
  4. Petillo v. Perry, Pennsylvania Court of Common Pleas, Philadelphia County1943
  5. Sheehan EstatePennsylvania Orphans' Court, Philadelphia County · 1952

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