Hale's Executors v. Ard's Executors
Supreme Court of Pennsylvania
Error to the Common Pleas of Mifflin county. This was an action of assumpsit by Sarah J. Hale, John M. Hale, and William M. Hale, executors, &c., of Reuben C. Hale, deceased, against John A. Sterrett and Samuel Maclay, executors, &c., of Dr. Joseph B. Ard, deceased, to recover $505 for professional services as attorney and counsellor at law.
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Error to the Common Pleas of Mifflin county. This was an action of assumpsit by Sarah J. Hale, John M. Hale, and William M. Hale, executors, &c., of Reuben C. Hale, deceased, against John A. Sterrett and Samuel Maclay, executors, &c., of Dr. Joseph B. Ard, deceased, to recover $505 for professional services as attorney and counsellor at law. Under the ruling of the court below there was a verdict in favour of the plaintiff for a portion of the claim, a settlement up to 1851 having been proved, which excluded all for which suit was brought, except about $380, and as to all of this sum, except…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
— The plaintiffs sued in the court below to recover for services alleged to have been rendered by their testator as an attorney for Dr. Ard, the testator of the defendants. The evidence by which the claim was supported was the book of Mr. Hale, containing, as was alleged, original entries made by himself. The account commenced on the 15th February 1849, and closed on the 15th of May 1860. Among other charges contained in it were the following: “ May 24th 1852. Cash item, $100, 5 per cent, on same, $5.” “ 1856, February 5th. To going to your…
2Cases cited1 opinion
- Ellmaker's EstateSupreme Court of Pennsylvania · 1835
3Cited by8 opinions
- In re Estate of FultonSupreme Court of Pennsylvania · 1896
- Grogan v. MichaelSupreme Court of Pennsylvania · 1944
- Warren v. Glasgow Exploration Co.Nevada Supreme Court · 1916
- Benedict EstatePennsylvania Orphans' Court, Franklin County · 1948
- Buch & Myers v. Good, Pennsylvania Court of Common Pleas, Lancaster County1934
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