Dougherty v. Lehigh Coal & Navigation Company
Supreme Court of Pennsylvania
Appeal, No. 13, Jan. T., 1902, by-defendant, from judgment of C. P. Schuylkill Co., Jan. T., 1901, No. 165, on verdict for plaintiff in case of John Dougherty, administrator of Patrick McGee, v. Lehigh Coal & Navigation Company and Mary Andrews. Assumpsit upon a certificate of indebtedness issued by the' Lehigh Coal & Navigation Company to Patrick McGee for a loan.
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Appeal, No. 13, Jan. T., 1902, by-defendant, from judgment of C. P. Schuylkill Co., Jan. T., 1901, No. 165, on verdict for plaintiff in case of John Dougherty, administrator of Patrick McGee, v. Lehigh Coal & Navigation Company and Mary Andrews. Assumpsit upon a certificate of indebtedness issued by the' Lehigh Coal & Navigation Company to Patrick McGee for a loan. Before Mabr, J. At the trial it appeared that Mary Andrews had intervened as a defendant and claimed the certificate as a gift from the decedent in his lifetime. Counsel for Mary Andrews made the following offer: Mr. Ulrich: I…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
Patrick McGee left with the Lehigh Coal & Navigation. Company $11,200 as a loan, taking from it a certificate of indebtedness for that amount. He died December 29, 1899, and his administrator, John Dougherty, brought this suit to recover the amount alleged to be due his estate. The company was at all times willing to pay the loan, but Mary Andrews, the appellant, having claimed that McGee, in his lifetime, had made her a gift of the certificate, payment could not be made with safety to his administrator, and hence this suit, in which she was allowed to intervene as…
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