Hare v. O'Brien
Supreme Court of Pennsylvania
Appeal, No. 30, Oct. T., 1911, by defendant, from judgment of C. P. Armstrong Co., Dec. Term, 1909, No. 99, for plaintiff non obstante veredicto in case of Wellington R. Hare, Administrator d. b. n. of the Estate of Patrick O’Brien, deceased, v. Robert P. O’Brien. Assumpsit on a foreign judgment. Before Patton, P. J. The opinion of the Supreme Court states the case. Error assigned was in entering judgment for plaintiff for $19,314.47 non obstante veredicto.
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Appeal, No. 30, Oct. T., 1911, by defendant, from judgment of C. P. Armstrong Co., Dec. Term, 1909, No. 99, for plaintiff non obstante veredicto in case of Wellington R. Hare, Administrator d. b. n. of the Estate of Patrick O’Brien, deceased, v. Robert P. O’Brien. Assumpsit on a foreign judgment. Before Patton, P. J. The opinion of the Supreme Court states the case. Error assigned was in entering judgment for plaintiff for $19,314.47 non obstante veredicto. The action was barred by the Act of March 15, 1832, P. L. 135; McCullough v. Young, 1 Binney, 63; Brodie v. Bickley, 2 Rawle, 431; Sayre…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
Patrick O’Brien died intestate in 1903 in the state of Ohio, and domiciliary letters of administration were granted to his widow. She resigned, and letters de bonis non were granted to Wellington R. Hare, the plaintiff in this case, who duly qualified. Some time prior to his death O’Brien had placed various sums of money in the hands of his son Robert, the defendant, in trust, to be invested and the interest or income to be paid to Patrick. Hare brought an action against Robert in the court of common pleas of Wyandot county, Ohio, to enforce payment of the…
2Cases cited11 opinions
- Stacy v. Thrasher Ex Rel. SellersSupreme Court of the United States · 1848
- Talmage v. ChapelMassachusetts Supreme Judicial Court · 1819
- Fisher, Brown & Co. v. FieldingSupreme Court of Connecticut · 1895
- Lewis v. AdamsCalifornia Supreme Court · 1886
- Brodie v. BickleySupreme Court of Pennsylvania · 1830
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3Cited by4 opinions
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- de Paris v. Wilmington Trust Co.Supreme Court of Delaware · 1918
- Brown v. HughesDistrict Court, M.D. Pennsylvania · 1955
- Old Dominion Trust Co. v. First Nat. Bank of OxfordDistrict Court, E.D. North Carolina · 1918