Horner's v. McGaughy
Supreme Court of Pennsylvania
May 12th 1869. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. Error to the Court of Common Pleas of Franklin county .‘No. 84, to May Term 1868. In the Court of Common Pleas of Franklin county, James McGaughy, on the 26th of December 1866, brought an action of assumpsit against Nancy J. Horner, executor of Robert Horner, deceased.
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May 12th 1869. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. Error to the Court of Common Pleas of Franklin county .‘No. 84, to May Term 1868. In the Court of Common Pleas of Franklin county, James McGaughy, on the 26th of December 1866, brought an action of assumpsit against Nancy J. Horner, executor of Robert Horner, deceased. The claim of the plaintiff was for services rendered the testator by working on his farm, &c., and against the executrix personally. The testator was the plaintiff’s uncle, and had been his guardian; the time for which compensation was claimed was…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, C. J.
That a bequest by a debtor to his creditor equal in amount to the debt he owes, without any contingency or postponement of time of payment, is presumed in equity to be in satisfaction of the debt, is not to be doubted: 3 S. & R. 54; 2 Wms. on Ex. 1168, and the authorities there cited, and Redf. on Wills, part 2, 516, et seq.
The doctrine is not, however, a favorite with us. Yeates, J., deliyering the opinion of the court in the case referred to (3 S. & R. 54), says: “The rule itself is not founded on reason, and often tends to defeat the…
2Cases cited1 opinion
- Clark v. BogardusNew York Court of Chancery · 1834
3Cited by7 opinions
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- University of Pennsylvania's Trustees v. Coxe's Exrs.Supreme Court of Pennsylvania · 1923
- Estate of HardemanSuperior Court of Pennsylvania · 1925
- Carman v. Carman, Pennsylvania Court of Common Pleas, Monroe County1963
- In Re Estate of CookeSupreme Court of Minnesota · 1940
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