Dorsheimer v. Bucher
Supreme Court of Pennsylvania
In Error. ERROR to the Court of Common Pleas of Dauphin county, m which a bill or exceptions was returned. Bucher, The plaintiff below, (the administrator oíJacob * • * » Boas,) had obtained a judgment against Dorsheimer, the defendant below, and plaintiff in error, on which a scire facias post annum etdiem was issued, to which the defendant • ' *■ payment and set off.
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In Error. ERROR to the Court of Common Pleas of Dauphin county, m which a bill or exceptions was returned. Bucher, The plaintiff below, (the administrator oíJacob * • * » Boas,) had obtained a judgment against Dorsheimer, the defendant below, and plaintiff in error, on which a scire facias post annum etdiem was issued, to which the defendant • ' *■ payment and set off. After the judgment, Dorsheimer paid a bond, in which he had been bound together with Boas, and as security for him. The question was, whether the dant could set off a debt paid by him, as security in a bond for Boas, after the…
1Per curiam
This payment is not properly matter of set off, but affords ground for an equitable defence., At the time when the plaintiff obtained judgment, the defendant had no cause of action against him as administrator of Boas, because at that time he had made no payment on the bond on which he was bound as security, consequently the administrator of Boas was accountable to his creditors for the amount of that judgment. The estate of Boas falls short of his specialty *10debts, so that if suit had been brought against his adminis-* trator, by the obligee of the bond, in which Boas and Dorsheimer were…
2Cited by2 opinions
- Greiner's EstateSupreme Court of Pennsylvania · 1834
- Wolfersberger v. BucherSupreme Court of Pennsylvania · 1823