Hoke v. Herman
Supreme Court of Pennsylvania
Error to the Common Pleas of Yorlc county. This was an action of debt brought by Herman Hope v. Jacob Herman, executor of the will of Emanuel Herman, deceased, to recover a legacy. On the 1st November, 1844, Herman Hoke, the plaintiff, executed his note of that date, under seal, to Emanuel Herman, for the payment of $600, one year after date, with interest.
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Error to the Common Pleas of Yorlc county. This was an action of debt brought by Herman Hope v. Jacob Herman, executor of the will of Emanuel Herman, deceased, to recover a legacy. On the 1st November, 1844, Herman Hoke, the plaintiff, executed his note of that date, under seal, to Emanuel Herman, for the payment of $600, one year after date, with interest. On the 5th day of February, 1850, Emanuel Herman made his will in writing, of that date, which, after his death, to wit, on the 10th day of July, 1851, was proved. In the said will the testator bequeathed as follows, to wit: — • “ Item, I…
1Opinion of the Court
The opinion of the Court was delivered by
Black, C. J.
— Emanuel Herman executed his last will, bequeathing to the plaintiff a note made by himself (the plaintiff), and payable to the testator, for $600. The testator afterwards became insane, and so continued till his death. A committee was appointed of his person and estate, to whom the plaintiff, in ignorance of the will, paid $178.68 on the note. After the testator’s death the note with this credit endorsed was delivered to the plaintiff. He brings this suit against the executor to recover the amount paid. The sole question is, whether this…
2Cases cited1 opinion
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