Reilly v. Daly
Supreme Court of Pennsylvania
Appeal, No. 71, Jan. T., 1894, by defendant, Patrick K. Daly, from order of C. P. No. 1, Phila. Co., March T., 1893, No. 275, making absolute rule for judgment for want of sufficient affidavit of defence in favor of Mary G. Reilly et al., to use of Thomas D. McGlathery. Rule for judgment for want of sufficient affidavit of defence. Plaintiff in his statement claimed to recover $440 under an agreement in writing entered into by defendant.
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Appeal, No. 71, Jan. T., 1894, by defendant, Patrick K. Daly, from order of C. P. No. 1, Phila. Co., March T., 1893, No. 275, making absolute rule for judgment for want of sufficient affidavit of defence in favor of Mary G. Reilly et al., to use of Thomas D. McGlathery. Rule for judgment for want of sufficient affidavit of defence. Plaintiff in his statement claimed to recover $440 under an agreement in writing entered into by defendant. He averred that defendant, as executor of Thomas Costigan, deceased, had charged excessive commissions in his account, and when his account was called for…
1Opinion of the Court
Opinion by
Mr. Justice Green,
It must be confessed that the plaintiffs displayed but little wisdom in accepting the defendant’s promises to pay them for excessive charges in his accounts, instead of corrections of the *611accounts by the decree of the auditing judge. But whether wise or unwise, the defendant’s promise to pay whatever fee should be allowed to his counsel, out of his commissions, and that the estate should not be charged with any amount as a fee to his counsel, was in writing, and his- affidavits set forth no real defence to it. It is of no consequence to say that it was signed by…
2Cases cited1 opinion
- Maginn v. Dollar Savings BankSupreme Court of Pennsylvania · 1890
3Cited by8 opinions
- Cain v. RedlichSupreme Court of Pennsylvania · 1932
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- Ganor v. HinrichsSuperior Court of Pennsylvania · 1896
- Muir v. ShinnSuperior Court of Pennsylvania · 1896
- City of New Castle v. New Castle Electric Co.Superior Court of Pennsylvania · 1896
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