Hinkle v. Landis
Supreme Court of Pennsylvania
APPEAL BY PLAIN TIEN FROM THE COURT OF COMMON PLEAS OP BUCKS COUNTY. No. 406 January Term 1888, Sup. Ct.; court below, No. 8 January Term 1886, C. P. On December 12, 1885, Elias Fellman, administrator of tbe estate of Lavina Fellman, deceased, filed a declaration consisting of the common counts in assumpsit, in an action against Aaron Landis. The defendant pleaded non-assumpsit and payment with leave.
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APPEAL BY PLAIN TIEN FROM THE COURT OF COMMON PLEAS OP BUCKS COUNTY. No. 406 January Term 1888, Sup. Ct.; court below, No. 8 January Term 1886, C. P. On December 12, 1885, Elias Fellman, administrator of tbe estate of Lavina Fellman, deceased, filed a declaration consisting of the common counts in assumpsit, in an action against Aaron Landis. The defendant pleaded non-assumpsit and payment with leave. Subsequently, the death of Elias Fell-man being suggested, William B. Hinkle, administrator de bonis non of Lavina Fellman, was substituted as plaintiff. At the trial on December 14, 1887, the…
1Opinion of the Court
*581Opinion,
Me. Justice Sterrett:
Plaintiff’s intestate, Lavina Fellman, wife of Elias Fellman, had money in her own right, which she loaned at different times to the defendant, Aaron Landis, and took his notes therefor, payable to herself. In April, 1885, Landis’s bond, in the penal sum of $2,360, was substituted for the notes, which then aggregated the sum of $1,180. The condition of the bond was that the obligor should pay to Mrs. Fellman, “her certain attorney, executors, administrators, and assigns, the interest, at the rate of five per cent per annum, upon the principal sum of $1,180,…
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