Haviland v. Fidelity Insurance, Trust & Safe Deposit Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1, of • Philadelphia county: Of January Term, 1884, No.-193. Assumpsit, by James Haviland against the Fidelity Insurance, Trust and Safe Deposit Company, executor of the will of Lucas Hirst, deceased. The narr. consisted of the common counts.
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Error to the Court of Common Pleas No. 1, of • Philadelphia county: Of January Term, 1884, No.-193. Assumpsit, by James Haviland against the Fidelity Insurance, Trust and Safe Deposit Company, executor of the will of Lucas Hirst, deceased. The narr. consisted of the common counts. The bill of particulars of plaintiff’s claim consisted of a statement of items for salary and commissions on collections of rent and interest, for which it was alleged the testator was indebted to plaintiff. Pleas, non assumpsit; non assumpsit testator; non assumpsit infra sex annos; set:off; payment with leave,…
1Opinion of the CourtJustice Green
We see no difficulty Avith the pleadings in this. case. The action was at common law by one claiming to be a oreditor of a deceased testator against the executor, for services alleged to have been rendered to the testator during Iris life. The defendant pleaded the general issue, and. also specially that the plaintiff had presented the same claim to the auditing judge, upon the settlement in the Orphans’ Court of the *242executor’s account, and that the claim was disallowed. The adjudication is set out at length in the plea, but the adjudication as there stated also showed that the plaintiff had…
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