Zimmerman v. Streeper
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Montgomery county: Of January Term 1873, No. 270. In the court below, Leonard Streeper, John B. Meyer and Caroline Dager, executors, &c-, of George Streeper, deceased, brought an action of debt against Lorenzo D. Zimmerman ; the writ was issued April 8th 1872. On the 3d of January 1873, a case stated was filed, viz.: “ The above-stated suit is brought to recover the amount of a bond with interest, executed by the defendant to George…
Read the full summary
Error to the Court of Common Pleas of Montgomery county: Of January Term 1873, No. 270. In the court below, Leonard Streeper, John B. Meyer and Caroline Dager, executors, &c-, of George Streeper, deceased, brought an action of debt against Lorenzo D. Zimmerman ; the writ was issued April 8th 1872. On the 3d of January 1873, a case stated was filed, viz.: “ The above-stated suit is brought to recover the amount of a bond with interest, executed by the defendant to George Streeper, dated the first day of April, A. D. 1864, conditioned for the payment of the sum of five hundred dollars to the…
1Opinion of the Court
Judgment was entered in the Supreme Court January 26th 1874.
2Per curiam
We can discover in this case, nothing more than an intent on part of George Streeper to authorize his executors to deliver the bond in question, to the wife of the debtor in the bond after his- death. There was no delivery; and no intention to deliver by George Streeper himself in his lifetime. The endorsement of the bond cannot operate as a release as in Wentz v. De Haven, for there, the creditor actually delivered the bond to-the, debtor himself. The writing is not a trust nor assignment,' but simply an intended or prospective…
3Cited by4 opinions
- In re Estate of JacobySupreme Court of Pennsylvania · 1899
- In re Estate of SchiehlSupreme Court of Pennsylvania · 1897
- Glass' EstatePennsylvania Orphans' Court, Philadelphia County · 1937
- Hertzler's EstateSuperior Court of Pennsylvania · 1903