Eichelberger v. Morris
Supreme Court of Pennsylvania
ERROR to the common pleas of York county. Debt on bond. Charles A. Morris, administrator of John Morris, against Charles A. Barnitz, Esq., and Thos. Eichelberger, executors of the will of Frederick Eichelberger, deceased. Case stated considered in the nature of a special verdict.
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ERROR to the common pleas of York county. Debt on bond. Charles A. Morris, administrator of John Morris, against Charles A. Barnitz, Esq., and Thos. Eichelberger, executors of the will of Frederick Eichelberger, deceased. Case stated considered in the nature of a special verdict. On the 31st day of April 1807, Frederick Eichelberger, the defendants’ testator, and Thomas Eichelberger, one of the defendants, executed a joint and several bond to Dr John Morris, the plaintiff’s testator, conditioned for the payment of 300 dollars on the 31st of April 1808, with interest from date, (pro ut said…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
If a creditor makes his debtor executor, it is an extinguishment of the debt, for he cannot sue himself: and being a personal action, if once suspended it is gone forever. 3 Bac. Abr. 11; tit. Executors, A. 10. But though it is a discharge of the action, yet the debt is assets, and the making him executor does not amount to a legacy, but to payment and release. If H. be bound to J. S. in a bond of J100, and then J. S. makes H. his executor, H. has actually received so much money and is answerable for it; and if he (does not administer so…
2Cited by5 opinions
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