Stout's Administrators v. Stout's Administrator
Supreme Court of Pennsylvania
Error to the Common Pleas of Northampton county. This was an action of debt, brought November 27th 1857, by Catharine Stout, Abraham Stout, and Lewis II.
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Error to the Common Pleas of Northampton county. This was an action of debt, brought November 27th 1857, by Catharine Stout, Abraham Stout, and Lewis II. Stout, administrators, &c., of Isaac Stout, against Michael Meyers, administrator, &c., of Abraham Stout, deceased, who filed their statement, setting forth that their claim was a bill single of Abraham Stout, dated May 10th 1837, for $379.21, payable to Solomon Bachman or order, one year after the date thereof, with interest; tnat on the 1st day of April 1838, .Solomon Bachman, the obligee, equitably transferred the same to Isaac Stout; and…
1Opinion of the Court
The opinion of the court was delivered, by
Lowrib, C. J.
The statutes of amendment are not so rigid as to bend to no circumstances, and allow of no discretion. This sealed note was given by principal and surety, and paid by the surety. Near twenty years afterward, when both are dead, the administrators of the surety sue upon it in their own name,, as if it had been legally assigned to him, when it was not; and over four years later they ask to amend by substituting the administrator of the payee as plaintiff' for his use. We think the allowance of the amendment was properly refused.
After so…
2Cases cited2 opinions
- Rittenhouse v. LeveringSupreme Court of Pennsylvania · 1843
- Fink v. MahaffySupreme Court of Pennsylvania · 1839
3Cited by3 opinions
- First National Bank of Ashley v. ReilySuperior Court of Pennsylvania · 1949
- Estate of SeibertSuperior Court of Pennsylvania · 1897
- Hutcheson v. ReashSuperior Court of Pennsylvania · 1900