Legal Opinion

Booth v. Booth's Adm'rs

Superior Court of Delaware

Decided July 5, 1836Published

Case. Pleas, non-assumpsit; payment; discount and the act of limitations. This was an action of assumpsit by an heir at law, to recover his distributive balance of personal estate. The facts agreed on, were these: Joseph Booth, father of plaintiff died, leaving two children, of whom plaintiff is one.

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Case. Pleas, non-assumpsit; payment; discount and the act of limitations. This was an action of assumpsit by an heir at law, to recover his distributive balance of personal estate. The facts agreed on, were these: Joseph Booth, father of plaintiff died, leaving two children, of whom plaintiff is one. John Booth, sen., defendant’s intestate, administered on the estate of Joseph, and passed three accounts of his adminis-" tration, one on the 3d May 1826, showing a balance in hand of $78 07; another on 27th March 1833, making the balance $483 78; and the third on 17th December 1834, which showed…

1Opinion of the Court

This was an action of assumpsit by an heir at law, to recover his distributive balance of personal estate. The facts agreed on, were these: Joseph Booth, father of plaintiff, died, leaving two children, of whom plaintiff is one. John Booth, sen., defendant's intestate, administered on the estate of Joseph, and passed three accounts of his administration, one on the 3d May 1826, showing a balance in hand of $78 07; another on 27th March 1833, making the balance $483 78; and the third on 17th December 1834, which showed a balance due from the administrator of $1,466 84. An appeal was taken from…

2Cases cited3 opinions

  1. Bird v. CaritatNew York Supreme Court · 1807
  2. Owens v. Wilmington & Philadelphia Traction Co.Superior Court of Delaware · 1921
  3. Santoro v. DiGuglielmoDelaware Court of Common Pleas · 1920

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