Spangler v. Spangler
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE ADAMS COUNTY. No. 12 May Term 1888, Sup. Ct.; court below, No. 308 August Term 1887, C. P. On July 28, 1887, Franklin J. Spangler brought assumpsit against Sarah Maria Spangler, executrix of the will of Emanuel Spangler, deceased. The defendant pleaded the statute of limitations.
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ERROR TO THE COURT OE COMMON PLEAS OE ADAMS COUNTY. No. 12 May Term 1888, Sup. Ct.; court below, No. 308 August Term 1887, C. P. On July 28, 1887, Franklin J. Spangler brought assumpsit against Sarah Maria Spangler, executrix of the will of Emanuel Spangler, deceased. The defendant pleaded the statute of limitations. The cause was tried on December 2,1887, when it was shown that in March, 1865, Andrew Brame, who had been drafted into the military service of the United States, employed Franklin J. Spangler, the plaintiff, as his substitute. The plaintiff was a youth of nineteen living with his…
1Opinion of the Court
Opinion,
Mr. Justice Gbeen :
The proposition that a promise to pay a debt, otherwise barred by the statute of limitations, must he made to the party in interest or Iris agent, in order to toll the statute, has been definitely settled by several decisions of this court. In Gillingham v. Gillingham, 17 Pa. 302, Coulter, J., said: “ This case is ruled by Kyle and Wells, decided at this term, the opinion in which case was foreshadowed by dictums in Morgan v. Walton, 4 Pa. 321, and in Christy v. Flemington, 10 Pa. 129, and which establishes definitively and distinctly that a promise, to take the…
2Cases cited5 opinions
- McKinney v. SnyderSupreme Court of Pennsylvania · 1875
- Croman v. StullSupreme Court of Pennsylvania · 1888
- Christy v. FlemingtonSupreme Court of Pennsylvania · 1848
- Gillingham v. GillinghamSupreme Court of Pennsylvania · 1851
- Morgan's Administrators v. WaltonSupreme Court of Pennsylvania · 1846
3Cited by4 opinions
- Clay v. McCreanorSuperior Court of Pennsylvania · 1899
- Marshall v. BrickSuperior Court of Pennsylvania · 1901
- Groome's EstatePennsylvania Orphans' Court, Philadelphia County · 1939
- Lehman, Stern & Co. v. Morgan's L. & T. R. R. & S. S. Co.Louisiana Court of Appeal · 1905