Clark v. Herring
Supreme Court of Pennsylvania
IN ERROR. THIS was a writ of error to the Common Pleas of York . COUnty. The defendant in error, who was plaintiff below, issued a summons in cáse against Clark and others surviving administrators of Nicholas Bittinger deceased; and counted o against them in the following manner: “ Philip Wendell Herring, son and legatee of Henry Her~ ££ ring the elder, late &c., complains against John Clark &c.
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IN ERROR. THIS was a writ of error to the Common Pleas of York . COUnty. The defendant in error, who was plaintiff below, issued a summons in cáse against Clark and others surviving administrators of Nicholas Bittinger deceased; and counted o against them in the following manner: “ Philip Wendell Herring, son and legatee of Henry Her~ ££ ring the elder, late &c., complains against John Clark &c. “ surviving administrators of Nicholas Bittinger deceased, “ -who was the surviving executor of the last will and testa- “ ment of the said Henry Herring &c. for this, that the said “ Henry Herring…
1Opinion of the Court
Tilghman C. J.
This is an action on the case, founded on an assumption by Nicholas Bittinger_cleceased, who was surviving executor of Henry Herring deceased, to pay to Phillip W. Herring a legacy bequeathed-to-bim by the will of his father the said Henry Herring. The declaration alleges, that before the making of the assumption, assets sufficient to pay all the debts and legacies of the said Henry Herring had come to the hands of Nicholas Bittinger. The defendant pleaded payment, with leave to give the special matter in evidence, whereupon issue was joined. On- the trial of the cause, the…
2Cases cited1 opinion
- Thompson v. MusserSupreme Court of the United States · 1789
3Cited by18 opinions
- Davenport v. MasonMassachusetts Supreme Judicial Court · 1818
- Foulk v. BrownSupreme Court of Pennsylvania · 1834
- Albany City Insurance v. WhitneySupreme Court of Pennsylvania · 1873
- Messenger v. MillerWisconsin Supreme Court · 1847
- Campbell v. ChaffeeSupreme Court of Florida · 1856
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