Guilloû v. Redfield
Supreme Court of Pennsylvania
Appeal, No. 216, Jan. T., 1902, by plaintiff, from order of C. P. No. 1, Phila. Co., Dee. T., 1900, No. 995, refusing to strike off nonsuit in case of Victor Guilloü, Executor of Florencio J. Verrier, Deceased, to use of Solicitors Loan & Trust Company, Administrator d. b. n. c. t. a., v. Robert J. Redfield, Administrator of René Guilloü, Deceased. Assumpsit on a bond.
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Appeal, No. 216, Jan. T., 1902, by plaintiff, from order of C. P. No. 1, Phila. Co., Dee. T., 1900, No. 995, refusing to strike off nonsuit in case of Victor Guilloü, Executor of Florencio J. Verrier, Deceased, to use of Solicitors Loan & Trust Company, Administrator d. b. n. c. t. a., v. Robert J. Redfield, Administrator of René Guilloü, Deceased. Assumpsit on a bond. Before Brégy, J. The facts are stated in the opinion of the Supreme Court. .Errors assigned were (7) in refusing to note an exception to the striking out of testimony; (8) in refusing to take off non-suit.
1Opinion of the Court
Opinion by
Mb. Justice Fell,
Suit was brought on a bond more than twenty years after its maturity, and the question at the trial was whether the presumption of payment arising from the lapse of time had been rebutted by proof of payments on account of the bond or by proof of the continued insolvency of the obligor and his inability to pay.
The bond was for $47,300, due one year from its date, and was *295given August 26, 1879, by llenó Guillou to the executor of the will of F. G. Terrier. From an agreement made in 1881 between the obligor and the obligee and creditors of the estate, it ap • peared…
2Cases cited2 opinions
- Estate of DevereuxSupreme Court of Pennsylvania · 1898
- Taylor v. MegargeeSupreme Court of Pennsylvania · 1845
3Cited by1 opinion
- Bartram's EstateSupreme Court of Pennsylvania · 1925