Wilson v. Van Leer
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Pancaster county : Of January Term 1883, No. 95. Assumpsit, brought August 18th 1877, by Joseph Van Leer and Caroline, his wife, formerly Caroline Carman, in her right, against Sidwell T. Wilson and Needham M. Wilson, executors of Needham Wilson, deceased. The narr. contained a count upon the instrument printed in the above syllabus, and a count in quantum meruit for work and labor done, &c. Plea, non assumpsit infra sex annos.
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Error to the Court of Common Pleas of Pancaster county : Of January Term 1883, No. 95. Assumpsit, brought August 18th 1877, by Joseph Van Leer and Caroline, his wife, formerly Caroline Carman, in her right, against Sidwell T. Wilson and Needham M. Wilson, executors of Needham Wilson, deceased. The narr. contained a count upon the instrument printed in the above syllabus, and a count in quantum meruit for work and labor done, &c. Plea, non assumpsit infra sex annos. On the trial, before Patterson, J., it was admitted that Needham Wilson died September 22d 1872. The plaintiff offered in…
1Opinion of the CourtJustice Paxson
The first assignment raises the controlling question in this case. It alleges that the court below erred in admitting in evidence the following paper:
“ August 13th 1865.
“ I give thes fiew lines to Caroline Carman to show that I ■want her to have the sum of twelve hundred dollars at my death she livd with mee A number of years And got vcrry little for it so i thought It rite to leave her This little sum to be paid to her out of my home property
from Needham Wilson.”
The suit below was an action of assumpsit upon this paper. If it is an obligation for the payment of money, or as the court below…
2Cited by11 opinions
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