Brookville Title & Trust Co. v. Beaver Trust Co.
Supreme Court of Pennsylvania
Appeal, No. 48, Oct. T., 1916, by plaintiff, from judgment of C. P. Beaver Co., March T., 1915, No. 226, making absolute rule to open judgment in case of Brookville Title & Trust Company, a Corporation, v. Beaver Trust Company, Administrator of the Estate of John Spencer, ’Deceased. Buie to open judgment. Before Holt, P. J. The facts appear by the opinion of the Supreme Court. The lower court made absolute defendant’s rule to open the judgment. was the order of the court.
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Appeal, No. 48, Oct. T., 1916, by plaintiff, from judgment of C. P. Beaver Co., March T., 1915, No. 226, making absolute rule to open judgment in case of Brookville Title & Trust Company, a Corporation, v. Beaver Trust Company, Administrator of the Estate of John Spencer, ’Deceased. Buie to open judgment. Before Holt, P. J. The facts appear by the opinion of the Supreme Court. The lower court made absolute defendant’s rule to open the judgment. was the order of the court. Plaintiff was entitled to judgment: Morgan v. King, 27 Col. 539 [63 Pac. 416]; Middleton’s Executors v. Middleton, 106 Pa.…
1Opinion of the Court
Opinion by
Me. Justice Moschziskee,
John Spencer endorsed a promissory note given to the plaintiff company; snit was brought thereon January 25, 1915; an affidavit of defense was filed February 10, 1915; a rule for judgment for want of a sufficient affi-' davit of defense Avas entered March 8, Í915; Spencer died on March 16, 1915, before this rule was called for argument; thereafter the Beaver Trust Company was appointed and duly qualified as administrator of his estate; on June 14,1915, a suggestion of death was filed in the present case, and Spencer’s administrator was substituted as…
2Cases cited5 opinions
- Mutual Life Insurance ex rel. Scott v. TenanSupreme Court of Pennsylvania · 1898
- Seymour v. HubertSupreme Court of Pennsylvania · 1877
- Helffrich v. GreenbergSupreme Court of Pennsylvania · 1903
- Perkins v. HumesSupreme Court of Pennsylvania · 1901
- Johnson v. SmithSupreme Court of Pennsylvania · 1893
3Cited by2 opinions
- Federal Land Bank of Balto. v. KingSupreme Court of Pennsylvania · 1928
- Myers v. Rabinovitz, Exrx.Supreme Court of Pennsylvania · 1937