Legal Opinion

Bank v. Donaldson

Supreme Court of Pennsylvania

Decided July 15, 1847PublishedCited by 9 opinions

In error from the Common Pleas of Union county. July 8. William Donaldson and Anna Maria, his wife, against the West Branch Bank and the Bank of Pennsylvania.

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In error from the Common Pleas of Union county. July 8. William Donaldson and Anna Maria, his wife, against the West Branch Bank and the Bank of Pennsylvania. This was an issue directed by the Court of Common Pleas of Union county; and the question to be settled under it was, 'whether the legacy claimed by the plaintiff, under the will of John Cowden, were paid, or whether the executor, John H. Cowden, had been guilty of a devastavit, to which William Donaldson, now seeking to recover the legacy, was a party. The facts of the case are these: John Cowden, in his late will, dated the 1st day of…

1Per curiam

The first bill of exceptions to evidence is not sustained. The witness Forsyth, called by the defendants, testified that he had had a conversation with Cowden on a particular occasion, and the plaintiffs were allowed to extract from him all that was said. This they had a right to do.

The second exception is not sustained. The rejected paper was-any thing but official. It appeared on inspection to be merely a list of names intended for a precipe, and made by counsel for private use. It proved nothing, and it did not satisfactorily appear how it was procured.

The third bill is not sustained. The…

2Cited by9 opinions

  1. Arnd v. AylesworthSupreme Court of Iowa · 1909
  2. Glenn v. Philadelphia & West Chester Traction Co.Supreme Court of Pennsylvania · 1903
  3. Colonial Trust Co. v. GetzSuperior Court of Pennsylvania · 1905
  4. Lehigh Coal & Navigation Co. v. EvansSupreme Court of Pennsylvania · 1896
  5. Kindell v. Franklin Sugar Refining Co.Supreme Court of Pennsylvania · 1926

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