Montgomery v. Cook
Supreme Court of Pennsylvania
ERROR to the common pleas of Cumberland, county. Action on the case for a legacy. Thomas Cook and Sarah his wife, for the use of Alexander M’Elroy,against James Montgomery, Esq., and Elizabeth his wife, David Brandt alienee of David Greer and Rachael his wife, with notice to Joseph M’Kee, and Moses Scroggs, executors of Alexander Scroggs, deceased.
Read the full summary
ERROR to the common pleas of Cumberland, county. Action on the case for a legacy. Thomas Cook and Sarah his wife, for the use of Alexander M’Elroy,against James Montgomery, Esq., and Elizabeth his wife, David Brandt alienee of David Greer and Rachael his wife, with notice to Joseph M’Kee, and Moses Scroggs, executors of Alexander Scroggs, deceased. The facts recited in the plaintiffs’ declaration, are those which were given in evidence and upon which the questions decided arose; except that no evidence was given of any right in Alexander M’Elroy. “ Cumberland county, to wit: — -James…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The first point made by the plaintiffs in error, who were the defendants below, and submitted by their counsel to the court for their advice and direction thereon to the jury, we think was rightly answered; Cook and wife being still alive, the suit could only be maintained in their names; and notwithstanding it was stated on the record to have been brought for the use of Alexander M’Elroy, it is clear, that under the state of the pleadings in the cause, it was unnecessary to prove that he had any interest in, or claim to the subject matter…
2Cited by12 opinions
- Commonwealth v. Great American Indemnity Co.Supreme Court of Pennsylvania · 1933
- Federal Deposit Ins. Corp. v. BarnessDistrict Court, E.D. Pennsylvania · 1980
- Walker v. MasonSupreme Court of Pennsylvania · 1922
- Guaranty Trust & Safe Deposit Co. v. PowellSupreme Court of Pennsylvania · 1892
- Blue Star Navigation Co. v. Emmons Coal Mining Corp.Supreme Court of Pennsylvania · 1923
7 more not listed; retrieve them via the Exa API.