Legal Opinion

Forrester & Kline v. Torrence

Supreme Court of Pennsylvania

Decided February 8, 1870PublishedCited by 4 opinions

Error to the Court of Common Pleas of Northumberland county: Of October Term 1869. This was an action on the case in trover, brought September 12th 1866, by Irvin H. Torrence, administrator, &c., of Herman Kline, deceased, against Ira M. Forrester and Nancy Kline, for certain United States bonds and money alleged by the plaintiff to have belonged to the decedent at the time of his death and to have been converted by the defendants to their own use.

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Error to the Court of Common Pleas of Northumberland county: Of October Term 1869. This was an action on the case in trover, brought September 12th 1866, by Irvin H. Torrence, administrator, &c., of Herman Kline, deceased, against Ira M. Forrester and Nancy Kline, for certain United States bonds and money alleged by the plaintiff to have belonged to the decedent at the time of his death and to have been converted by the defendants to their own use. The case had been heard before arbitrators and brought into the Court of Common Pleas by appeal. The decedent left no children or other lineal…

1Opinion of the Court

The opinion of the court was delivered,

by Sharswood, J.

— The 1st assignment of error is the admission of Henry Kline as a witness for the plaintiff below, who was the administrator of Herman Kline, deceased. He was entitled to a share of the estate of the decedent under the intestate laws, and was therefore prima, facie an interested witness. To meet this objection, a release by him to the plaintiff was offered and admitted. On his voir dire he stated that he had assigned all his interest to his sons. As he added that he had never delivered the assignment to them, some question has been…

2Cases cited4 opinions

  1. Post v. AverySupreme Court of Pennsylvania · 1843
  2. Commonwealth ex rel. Lawson v. Ohio & Pennsylvania RailroadSupreme Court of Pennsylvania · 1857
  3. Stiles v. BradfordSupreme Court of Pennsylvania · 1834
  4. Yohe v. BarnetSupreme Court of Pennsylvania · 1841

3Cited by4 opinions

  1. Weaver v. WelshSupreme Court of Pennsylvania · 1937
  2. Heft v. OgleSupreme Court of Pennsylvania · 1889
  3. Shadle's EstateSuperior Court of Pennsylvania · 1906
  4. Wendt's EstateSuperior Court of Pennsylvania · 1900

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