Sergeant's Executors v. Ewing
Supreme Court of Pennsylvania
Ceetipicate from the Court of Nisi Prius. This was an action of assumpsit by Jacob O. Ewing against J. Dickinson Sergeant and William S. Blight, executors of Elizabeth B. Sergeant, deceased, to recover a balance due him as agent of the testatrix in her lifetime.
Read the full summary
Ceetipicate from the Court of Nisi Prius. This was an action of assumpsit by Jacob O. Ewing against J. Dickinson Sergeant and William S. Blight, executors of Elizabeth B. Sergeant, deceased, to recover a balance due him as agent of the testatrix in her lifetime. The declaration contained the common counts only; the first set of counts alleging money lent, &c., to the testatrix, and a promise by her; the second set, money lent, &c., to the testatrix, and a promise by the executors; and the third set, money lent, &c., to the executors, and a promise by them. The pleas were non assumpserunt; non…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
— This was an action of assumpsit, brought by the defendant in error, who was plaintiff below, to recover the amount of certain accounts made with the testatrix in her lifetime. To this recovery the executors interposed certain matters in law, and by way of estoppel, as follows:—
Letters testamentary having been granted to the plaintiffs in error, executors named in the will of Mrs. Sergeant, and a year and more having elapsed thereafter, Ewing, the plaintiff below, claiming to be a creditor, presented a petition to the Orphans’ Court of the…
2Cases cited2 opinions
- Jones v. DunnSupreme Court of Pennsylvania · 1842
- Killam v. PrestonSupreme Court of Pennsylvania · 1842
3Cited by12 opinions
- Schwoyer's EstateSupreme Court of Pennsylvania · 1927
- Commonwealth v. Easton Trust Co.Supreme Court of Pennsylvania · 1943
- Tribulas v. Continental Equitable Title & Trust Co.Supreme Court of Pennsylvania · 1937
- Appeal of PomeroySupreme Court of Pennsylvania · 1889
- Peirce v. PeirceSupreme Court of Pennsylvania · 1901
7 more not listed; retrieve them via the Exa API.