Hench v. Metzer
Supreme Court of Pennsylvania
r In Error. A DECLARATION in trover was filed by Elizabeth Metzer, administratrix of Martin Metzer, deceased, in a suit brought by her in the Common Pleas of Cumberland county, to August Term, 1814, against Martin Metzer, which stated that the goods were the proper goods and chattels of the xn£es£a£e> an(l were casually lost by the plaintiff, as his administratrix ; and laid the conversion by the defendant on the 19th February, 1813. Elizabeth Metzer having afterwards mar-…
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r In Error. A DECLARATION in trover was filed by Elizabeth Metzer, administratrix of Martin Metzer, deceased, in a suit brought by her in the Common Pleas of Cumberland county, to August Term, 1814, against Martin Metzer, which stated that the goods were the proper goods and chattels of the xn£es£a£e> an(l were casually lost by the plaintiff, as his administratrix ; and laid the conversion by the defendant on the 19th February, 1813. Elizabeth Metzer having afterwards mar- and Martin Metzer having died, a scire facias issued in the name of the original plaintiff and her husband, to substi£be…
1Opinion of the Court
Gibson J.,
delivered the opinion of the Court.
If, by possibility, a case should occur in which there was originally no other remedy than trover, we would be sorry to say there should be a failure of justice, for want of a remedy in a form that, as the law now stands, may survive; but then the particular circumstances should appear. In ordinary cases, there can be no difficulty in reconciling justice to the strict rule of law ; for if the goods have specifically passed into, the hands of the executor, an action founded on the right of property, will lie directly against him, without reference…
2Cited by2 opinions
- Keite v. BoydSupreme Court of Pennsylvania · 1827
- Nicholson v. EltonSupreme Court of Pennsylvania · 1826