Bahny v. Levy
Supreme Court of Pennsylvania
Appeal No. 137, Jan. T., 1911, by plaintiff, from judgment of C. P. Luzerne Co., Dec. T., 1903, No. 58, on verdict for defendant in case of Hortense L. Bahny v. Eva J. Levy, Executrix of Leon Levy, Deceased. Assumpsit for money had and received. Before Lynch, P. J. The opinion of the Supreme Court states the case. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed.
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Appeal No. 137, Jan. T., 1911, by plaintiff, from judgment of C. P. Luzerne Co., Dec. T., 1903, No. 58, on verdict for defendant in case of Hortense L. Bahny v. Eva J. Levy, Executrix of Leon Levy, Deceased. Assumpsit for money had and received. Before Lynch, P. J. The opinion of the Supreme Court states the case. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Errors assigned were in giving binding instructions for the defendant and in various rules respecting offers of evidence by plaintiff.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
We can see no merit in this appeal. The action was brought, as the record shows, more than a year and a half after the death of the alleged debtor, and to enforce a claim, which, if it ever had any merit, had been an existing indebtedness for nearly eight years. The claim was made up of various items aggregating eighty thousand dollars. Levy died March 4, 1902, and the action was brought in October, 1903. The offers of evidence, the rejection of which is assigned for error, were refused because the claim offered to be proved differed from that laid in the…
2Cases cited3 opinions
- Wesner v. Stein & GreenawaltSupreme Court of Pennsylvania · 1881
- Kyle v. WellsSupreme Court of Pennsylvania · 1851
- Bott v. StonerSupreme Court of Pennsylvania · 1882
3Cited by4 opinions
- McPhilomy v. ListerSupreme Court of Pennsylvania · 1941
- Bloser v. Markel, Pennsylvania Court of Common Pleas, Cumberland County1936
- Groome's EstatePennsylvania Orphans' Court, Philadelphia County · 1939
- Miller's EstatePennsylvania Orphans' Court, Philadelphia County · 1927