Scott v. Dickson
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1 of Allegheny county. Of October and November Term, 1884, No. 168. Assumpsit, by David Dickson, administrator, &c., of Archibald Dickson, deceased, against John F. Scott.
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Error to the Court of Common Pleas No. 1 of Allegheny county. Of October and November Term, 1884, No. 168. Assumpsit, by David Dickson, administrator, &c., of Archibald Dickson, deceased, against John F. Scott. The parties filed the following case stated, in the nature of a special verdict for the opinion of the court: Archibald Dickson, bachelor, late of the city of Pittsburgh, died November 1st, 1883, intestate, (so far as yet appears,) leaving two brothers and two sisters, and letters of administration upon his estate were duly granted to one of said brothers, the plaintiff. On December…
1Opinion of the CourtJustice Paxson
While this record does not disclose with certainty the grounds on which the learned judge below ruled the case, we presume from the couz’se of the argument here, that he regarded it as coming within the pi'inciple of Gilbert v. Moose, 3 Out. 74, which was an admitted case of a wagering policy. We do not, however, regard this as within the authority of Gilbert v. Moose, for the reason that there is nothing in the facts as set forth in the case stated from which the deduction can fairly be dz’awn that this was a wagering policy. On the contrary thez-e is ezzough to show that John F. Scott, the…
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