Legal Opinion

Simrell v. Miller

Supreme Court of Pennsylvania

Decided July 18, 1895No. Appeal, No. 424PublishedCited by 4 opinions

Appeal, No. 424, Jan. T., 1894, by Francis Miller, Exr. of the last will and testament of Phoebe Ann Simrell, deceased, from judgment of C. P. Lackawanna Co., Nov. T., 1890, No 207, on verdict for plaintiff. Before Assumpsit for money loaned to decedent.

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Appeal, No. 424, Jan. T., 1894, by Francis Miller, Exr. of the last will and testament of Phoebe Ann Simrell, deceased, from judgment of C. P. Lackawanna Co., Nov. T., 1890, No 207, on verdict for plaintiff. Before Assumpsit for money loaned to decedent. Before Arch-bald, P. J. At the trial it appeared that plaintiff was decedent’s son; that this action was brought against her executor to recover money loaned sometime between the years 1860 and 1865. To remove the bar of the statute of limitations, B. P. Lowry was called as a witness for the plaintiff. His testimony was objected to, the…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

The learned judge instructed the jury that the plaintiff must recover, if at all, on the testimony of Lowry and Harvey, the other witnesses being “ in a measure corroborative,” but not sufficient to make out the case if those two did not do so.

Lowry testifies positively to the promise to pay, “ she promised that she would give Byron the money that fall,” but he does not identify the debt. He not only fails, but distinctly declines to say how much it was, but says the plaintiff went and got a paper, and his mother said “ the money that was on the paper was all…

2Cases cited5 opinions

  1. Landis v. RothSupreme Court of Pennsylvania · 1885
  2. Lowrey v. RobinsonSupreme Court of Pennsylvania · 1891
  3. Kelly v. EbySupreme Court of Pennsylvania · 1891
  4. Patterson v. NeuerSupreme Court of Pennsylvania · 1895
  5. Linderman v. Pomeroy, Pennsylvania Court of Common Pleas, Bradford County1891

3Cited by4 opinions

  1. White v. Pittsburgh Vein Coal Co.Supreme Court of Pennsylvania · 1920
  2. Beal & Simons v. Adams Express Co.Superior Court of Pennsylvania · 1900
  3. Clay v. McCreanorSuperior Court of Pennsylvania · 1899
  4. Drawbaugh v. DrawbaughSuperior Court of Pennsylvania · 1898

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