Solliday v. Bissey
Supreme Court of Pennsylvania
In error from the Common Pleas of Bucks. Deo. 26. Samuel Solliday, by his will proved in 1830, bequeathed to his wife the income of $900, to be paid to her yearly, and appointed J. Solliday and Boileau his executors. J. Solliday settled an account, in which he claimed to retain $600 under the above-recited provision of the will. This action was brought against him alone, to recover the interest on the fund retained at 6 per cent.
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In error from the Common Pleas of Bucks. Deo. 26. Samuel Solliday, by his will proved in 1830, bequeathed to his wife the income of $900, to be paid to her yearly, and appointed J. Solliday and Boileau his executors. J. Solliday settled an account, in which he claimed to retain $600 under the above-recited provision of the will. This action was brought against him alone, to recover the interest on the fund retained at 6 per cent. After the commencement of the suit the plaintiff married Bissey, who joined as a plaintiff. On the trial the defendant, with the consent of Boileau, offered to…
1Opinion of the Court
Jan. 28.
Rogers, J.
We think the Court was in error in refusing evidence of set-off. The testimony is offered by the defendant Solliday, with the assent of the co-executor Boileau, so that the objection that it is not between the same parties, otherwise fatal, is removed. The defendant brings himself within the benefit of the principle settled in Tustin v. Cameron, 5 Whart. 379; Wrenshall v. Cook, 7 Watts, 464. It is ruled that in an action on a promissory note given by the defendant in favour of the plaintiff,, the defendant may set off a debt by the plaintiff to a company or partnership…
2Cases cited3 opinions
- Morrow ex rel. Isett v. BrenizerSupreme Court of Pennsylvania · 1828
- Tustin v. CameronSupreme Court of Pennsylvania · 1840
- Wrenshall v. Cook & SchoyerSupreme Court of Pennsylvania · 1838
3Cited by6 opinions
- Hunter v. HenningSupreme Court of Pennsylvania · 1918
- Jack v. KlepserSupreme Court of Pennsylvania · 1900
- Cochran v. CutterSuperior Court of Pennsylvania · 1901
- Hunter v. HenningSuperior Court of Pennsylvania · 1916
- In re Merion Title & Trust Co., Pennsylvania Court of Common Pleas, Montgomery County1933
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