Legal Opinion

Fullam v. Rose

Supreme Court of Pennsylvania

Decided February 26, 1894No. Appeal, No. 159PublishedCited by 4 opinions

Appeal, No. 159, Jan. T., 1894, by defendant, Anna Maria Rose, from judgment of C. P. No. 3, Phila. Co., March T., 1892, No. 810, on verdict for plaintiff, Richard Fullam, executor of Luke Otis, deceased. Assumpsit for money deposited with defendant by plaintiff’s testator.

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Appeal, No. 159, Jan. T., 1894, by defendant, Anna Maria Rose, from judgment of C. P. No. 3, Phila. Co., March T., 1892, No. 810, on verdict for plaintiff, Richard Fullam, executor of Luke Otis, deceased. Assumpsit for money deposited with defendant by plaintiff’s testator. At the trial, before Gordon, J., the court, under objection and exception, refused to admit in evidence, as offered by defendant, a certified copy of the inventory of the estate of Luke Otis, deceased, the claim in suit being omitted therefrom. [4] The court also refused, under objection and exception, to admit in…

1Opinion of the Court

Opinion by

Mr. Chief Justice Sterrett,

This action, brought by the executor of Luke Otis, is on a sealed instrument, executed by the defendant June 23, 1886, of which the following is a copy: “ Know all men by these presents that I, Anna Maria Rose, wife of Michael Rose, do hereby acknowledge that I have in my hands the sum of* one thousand dollars belonging to my brother Luke Otis, he having deposited the same with me for safe keeping, which moneys are payable to him or his heirs or assigns on demand at any time.”

In his statement, plaintiff avers that on said date defendant received from her…

2Cited by4 opinions

  1. Commonwealth v. WinkelmanSuperior Court of Pennsylvania · 1900
  2. Stephan v. HudockSuperior Court of Pennsylvania · 1897
  3. Clapp v. VellnerSupreme Court of Pennsylvania · 1920
  4. Fullam v. RoseSupreme Court of Pennsylvania · 1897

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