Legal Opinion

Man v. Warner

Supreme Court of Pennsylvania

Decided April 29, 1839PublishedCited by 3 opinions

Writ of error to the District Court for 'the City and County of Philadelphia, to remove the record of an action brought by Daniel Man, against Joseph Warner and Redwood Fisher, executors of the will of Benjamin Warner, deceased. The action was assumpsit on six promissory notes, drawn by the testator in favour of Joshua and Thomas Gilpin, and by them endorsed in blank, viz.

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Writ of error to the District Court for 'the City and County of Philadelphia, to remove the record of an action brought by Daniel Man, against Joseph Warner and Redwood Fisher, executors of the will of Benjamin Warner, deceased. The action was assumpsit on six promissory notes, drawn by the testator in favour of Joshua and Thomas Gilpin, and by them endorsed in blank, viz. One note dated 25th of 8th mo. 1821, at 2 mo’s, for $457 10 “ “ “ 13th of 7th “ 5 806 10 “ “ “ 18th of 9th “ 3 430 00 “ “ “ 18th of 9th “ 3 510 00 “ “ “ 23d of 7th “ 5 650 00 “ “ “ 16th of 8th “ 6 802 12 All which notes…

1Opinion of the Court

The opinion of the Court was delivered by

Huston, J. —

Benjamin Warner in his lifetime, drew several promissory notes, all dated on different days in the months of July, and August and September, 1821, and payable at two, three, five and six months. They were all drawn payable to Joshua and Thomas Gilpin; all endorsed by them, and are now the property of the plaintiff.

Benjamin Warner died on the 24th day of September, 1821, before any of the notes became due. His will was dated in 1819, by which the defendants were appointed his executors, who proved the will and administered the whole- estate;…

2Cases cited7 opinions

  1. App v. DreisbachSupreme Court of Pennsylvania · 1830
  2. Fritz v. ThomasSupreme Court of Pennsylvania · 1836
  3. Jones v. MooreSupreme Court of Pennsylvania · 1813
  4. Bailey v. Bailey ex rel. NeillSupreme Court of Pennsylvania · 1826
  5. Reynolds v. HamiltonSupreme Court of Pennsylvania · 1838

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Marsteller v. MarstellerSupreme Court of Pennsylvania · 1880
  2. Ruberoid Co. v. PattersonSuperior Court of Pennsylvania · 1941
  3. Yorks's AppealSupreme Court of Pennsylvania · 1885

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