Hess's Estate
Supreme Court of Pennsylvania
Appeal, No. 69, July T., 1891, by Frey’s Exrs., claimants, from decree of O. C. Lancaster Co., dismissing exceptions to report of auditor distributing balance in executor’s account, in Hess’s estate. Frey’s executors presented to the auditor, L. Ellmaker, a claim on a bond signed by Hess as surety, in 1876 or 1877, without any seal opposite his name. The bond was signed by the principal with a seal after his name in 1874 and recited that it was “sealed with my seal.”
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Appeal, No. 69, July T., 1891, by Frey’s Exrs., claimants, from decree of O. C. Lancaster Co., dismissing exceptions to report of auditor distributing balance in executor’s account, in Hess’s estate. Frey’s executors presented to the auditor, L. Ellmaker, a claim on a bond signed by Hess as surety, in 1876 or 1877, without any seal opposite his name. The bond was signed by the principal with a seal after his name in 1874 and recited that it was “sealed with my seal.” In 1879 suit was brought on the bond. The auditor held, inter alia, (1) that decedent did not adopt the seal when he signed the…
1Opinion of the Court
Opinion by
Mb. Chief Justice Paxson,
The auditor rejected the claim of Frey’s executors on the ground that the bond in question was not sealed by John Hess; and upon the further ground that there was no consideration for his assumption of any liability for John Kendig. This ruling was sustained by the orphans’ court, and forms the subject of the principal assignment of error.
It appears that, on April 1, 1874, John Kendig borrowed from Frederick Frey $2,000, and gave his common bond, payable one year after the date thereof. It was alleged that several years thereafter Frey became dissatisfied^…
2Cases cited6 opinions
- United States v. LinnSupreme Court of the United States · 1841
- Cobb v. PageSupreme Court of Pennsylvania · 1851
- Appeal of LewisSupreme Court of Pennsylvania · 1889
- Rumberger v. GoldenSupreme Court of Pennsylvania · 1881
- Bowman v. RobbSupreme Court of Pennsylvania · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- Farren v. McNultySupreme Court of Pennsylvania · 1923
- Commonwealth v. Gutelius (No. 1)Supreme Court of Pennsylvania · 1926
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