Hehn v. Hehn
Supreme Court of Pennsylvania
Error to the Common Pleas of Berks county. This was a scire facias to January Term, 1852, in the name of Hannah Hehn, who sued by her committee, Daniel Wenriek, to revive a judgment against Daniel Hehn, entered on 15th November, 1834. Hannah Hehn, in 1812, was declared a lunatic, and John Klapp was appointed her committee. He died about the year 1850, and Daniel Wenriek was appointed in his stead.
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Error to the Common Pleas of Berks county. This was a scire facias to January Term, 1852, in the name of Hannah Hehn, who sued by her committee, Daniel Wenriek, to revive a judgment against Daniel Hehn, entered on 15th November, 1834. Hannah Hehn, in 1812, was declared a lunatic, and John Klapp was appointed her committee. He died about the year 1850, and Daniel Wenriek was appointed in his stead. Daniel Hehn was indebted to Hannah Hehn in the principal sum of $2757.35, for which judgment was entered on 15th November, 1834. He had before that time provided for the support of Hannah, the…
1Opinion of the Court
The opinion of the Court was delivered by
Knox, J.
One who voluntarily expends money in the support of a lunatic, cannot recover for such expenditure, either against the committee or the lunatic. There must be a contract, either express or implied, upon which to found the action. One in the custody of the law, as a lunatic, cannot make an exjoress contract, and the law will imply none.
By the 20th section of the Act of 1836, relating to lunatics and habitual drunkards, the committee may expend the income of a lunatic’s estate for the purposes of maintenance, but if more is required it can only…
2Cited by3 opinions
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- Appeal of BrenemanSupreme Court of Pennsylvania · 1888
- Commonwealth v. MorseSusquehanna County Court of Quarter Sessions · 1926