Moeser v. Schneider
Supreme Court of Pennsylvania
Appeal, No. 58, Oct. T., 1893, by defendant, Arnold Schneider, from order of C. P. No. 1, Allegheny Co., June T., 1892, No. 926, making absolute rule for judgment for want of sufficient affidavit of defence in favor of plaintiff, Albert H. Moeser, administrator of estate of Edward. Knuchel, deceased, in right of said estate, as well as assignee of Mrs. Mary Knuchel. Assumpsit for legacy collected by defendant for plaintiff’s intestate.
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Appeal, No. 58, Oct. T., 1893, by defendant, Arnold Schneider, from order of C. P. No. 1, Allegheny Co., June T., 1892, No. 926, making absolute rule for judgment for want of sufficient affidavit of defence in favor of plaintiff, Albert H. Moeser, administrator of estate of Edward. Knuchel, deceased, in right of said estate, as well as assignee of Mrs. Mary Knuchel. Assumpsit for legacy collected by defendant for plaintiff’s intestate. The affidavit of defence was as follows: “ During the early part of the year 1888, Edward Knuchel, at that time a single man, employed defendant as his agent…
1Opinion of the Court
Opinion by
Mr. Justice Thompson,
The affidavit of defence, for the insufficiency of which the court below entered judgment against appellant, sets forth that he was employed by Edward Knuchel to collect an inheritance for him ; that Knuchel was indebted to Frederick Jampen ; that in order to pay this indebtedness and secure him for money which he was about to advance, he directed appellant to prepare an assignment of this inheritance to Jampen,- and that he did so, a copy of which is annexed to the affidavit. By this instrument Knuchel and his wife acknowledged themselves indebted for board and…
2Cases cited3 opinions
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- Day & Sharpe's Assigned EstateSuperior Court of Pennsylvania · 1902
- Fett's EstateSuperior Court of Pennsylvania · 1909
- Erickson v. InmanOregon Supreme Court · 1898
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