Legal Opinion

Morrow v. Frankish

Superior Court of Delaware

Decided November 19, 1913PublishedCited by 6 opinions

Action of Assumpsit (No. 67, May Term, 1911) by Joseph W. Morrow, administrator of Joseph Morrow, deceased, against Albert Frankish, executor of the last will and testament of Beatrice A. Frankish, deceased, to recover two thousand dollars, alleged to have been loaned- by the plaintiff’s decedent to the defendant’s decedent, The evidence of the alleged loan was to the effect that the plaintiff’s decedent, did, in his lifetime, upon receiving a check for two thousand dollars,…

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Action of Assumpsit (No. 67, May Term, 1911) by Joseph W. Morrow, administrator of Joseph Morrow, deceased, against Albert Frankish, executor of the last will and testament of Beatrice A. Frankish, deceased, to recover two thousand dollars, alleged to have been loaned- by the plaintiff’s decedent to the defendant’s decedent, The evidence of the alleged loan was to the effect that the plaintiff’s decedent, did, in his lifetime, upon receiving a check for two thousand dollars, in part payment of the purchase money of his certain farm which he had just sold, endorse the check and hand it to Mrs.…

1Opinion of the Court

Boyce, J.,

charging the jury:

Gentlemen of the jury:—This is an action in assumpsit, brought by Joseph W. Morrow, administrator of Joseph Morrow, deceased, against Albert Frankish, executor of Beatrice A. Frankish, deceased, to recover the sum of two thousand dollars, alleged to have been loaned by Morrow, the deceased, to Mrs. Frankish, on the twenty-sixth day of April, A. D. 1910, a short time before his death. Mrs. Frankish has likewise since died.

[1] If the plaintiff is entitled to recover all or any part of the claim sued for, you may allow interest on such sum from the twenty-sixth day of…

2Cited by6 opinions

  1. Stentor Electric Mfg. Co. v. Klaxon Co.Court of Appeals for the Third Circuit · 1942
  2. Rollins Environmental Services, Inc. v. WSMW Industries, Inc.Superior Court of Delaware · 1980
  3. Superior Tube Co. v. Delaware Aircraft Industries, Inc.District Court, D. Delaware · 1945
  4. Weed v. ClarkSupreme Judicial Court of Maine · 1920
  5. Bingham v. Walker Bros., BankersUtah Supreme Court · 1929

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