Legal Opinion

Greiner's Estate

Supreme Court of Pennsylvania

Decided July 15, 1834PublishedCited by 6 opinions

APPEAL from (he orphan’s court of Northumberland county. Jacob Yoder and Martin Price were executors of Frederick Greiner deceased ; and in January 1820, settled an account, charging themselves with the sum of 14,086 dollars 99 cents, and asking credits for various payments and bonds not due. Among these payments, the dates of which were not, staled, were upwards of 900 dollars for simple contract debts.

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APPEAL from (he orphan’s court of Northumberland county. Jacob Yoder and Martin Price were executors of Frederick Greiner deceased ; and in January 1820, settled an account, charging themselves with the sum of 14,086 dollars 99 cents, and asking credits for various payments and bonds not due. Among these payments, the dates of which were not, staled, were upwards of 900 dollars for simple contract debts. In November 1823, Price having died, Yoder settled a second account, charging himself with 6889 dollars 44 cents, and taking credit for payments and debts not due, showing a balance in his…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

The first question is, as to the character of the claim of Philip Greiner, whether it is a specialty or not: for the debts of Klingman, for the use of Brower and Welsten, are admitted to be specialties. Philip Greiner’s claim cannot be so considered. A surety paying the bond debt of the principal, would be placed in the situation of the creditor thus paid, and entitled to all his rights; Dorsheimer v. Bucher, 7 Serg. & Rawle 9; but it is admitted that Philip was not a surety. It is contended, however, that the bond was a joint and several…

2Cases cited1 opinion

  1. Dorsheimer v. BucherSupreme Court of Pennsylvania · 1821

3Cited by6 opinions

  1. Mosier's AppealSupreme Court of Pennsylvania · 1868
  2. Wright v. Grover & Baker S. M. Co.Supreme Court of Pennsylvania · 1876
  3. Hicks v. BaileyTexas Supreme Court · 1856
  4. Tassey's EstateSupreme Court of Pennsylvania · 1861
  5. Reber v. GundyDistrict Court, W.D. Pennsylvania · 1882

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