Stephens v. Cotterell
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Greene county: October and November Term, 1881, No. 112. Assumpsit, byAzariah Stephens and Barzilla Stephens, administrators of Israel Stephens, deceased, to recover the price bid by the defendant, at a sale by the plaintiffs for certain horses and mules belonging to the estate of the plaintiff’s intestate. The defendant obtained possession of the horses, &c., and refused to pay for them.
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Error to the Court of Common Pleas of Greene county: October and November Term, 1881, No. 112. Assumpsit, byAzariah Stephens and Barzilla Stephens, administrators of Israel Stephens, deceased, to recover the price bid by the defendant, at a sale by the plaintiffs for certain horses and mules belonging to the estate of the plaintiff’s intestate. The defendant obtained possession of the horses, &c., and refused to pay for them. On the trial, before Willson, P. J., the defendant gave evidence, under objection and exception, that Israel Stephens, in his lifetime, being indebted to the defendant,…
1Opinion of the CourtJustice Mercur
delivered tbe opinion of the court, January 3d 1882.
Tins suit was to recover the sum bid by tbe defendant on his purchase of personal property at a sale made by the plaintiffs as administrators of Israel Stephens. The defendant held a note against the decedent, and claims to have paid his bid by indorsing the amount thereof on the note.
It is settled law that in a,n action by an administrator to recover a debt for goods of the intestate, which he as administrator sold to the defendant, the latter cannot set off a debt duo from the intestate to him. After the administrator has reduced the goods…
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