Wright v. Hart's Administrator
Supreme Court of Pennsylvania
Error, to the Common Pleas of Bucks county. . This was an action of assumpsit on a promissory note, brought in the court below to April Term 1843, wherein James M. Hart •was plaintiff, and Benjamin E. Wright was defendant. James M. Hart having died after the bringing of the suit, William Boyd, his administrator, was substituted, who on same day filed a narr. containing three counts.
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Error, to the Common Pleas of Bucks county. . This was an action of assumpsit on a promissory note, brought in the court below to April Term 1843, wherein James M. Hart •was plaintiff, and Benjamin E. Wright was defendant. James M. Hart having died after the bringing of the suit, William Boyd, his administrator, was substituted, who on same day filed a narr. containing three counts. The first was on a promissory note drawn by John Duffield, on the 10th day of October .1837, payable fifteen months from the date thereof to Lewis Darrah or order, in the sum of $541.34, with interest from date,…
1Opinion of the Court
The opinion of the court was delivered, by
Lowrie, C. J.
It is admitted that the plaintiff below could not amend his declaration so as to introduce a new cause of action ; and this is very especially true, where the new cause is so old as to be barred by the Statute of Limitations: 12 Harris 92, 96; 1 Casey 407, 409; 6 T. R. 544; 7 Id. 51. This claim was three years old when the suit was brought, nine years .when the declaration was filed, and twenty-one when the amendment was allowed, on which the recovery was had. It could not therefore be introduced by an amendment, unless it plainly appears…
2Cases cited2 opinions
- Brenzer v. WightmanSupreme Court of Pennsylvania · 1844
- Gray v. DonahoeSupreme Court of Pennsylvania · 1835
3Cited by7 opinions
- Grier v. Northern Assurance Co.Supreme Court of Pennsylvania · 1898
- Fairchild v. Dunbar Furnace Co., Pennsylvania Court of Common Pleas, Fayette County1889
- Mahoney v. Park Steel Co.Supreme Court of Pennsylvania · 1907
- First N. B. of Tamaqua v. ShoemakerSupreme Court of Pennsylvania · 1887
- Commercial Credit Co. v. County of NorthumberlandDistrict Court, M.D. Pennsylvania · 1938
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