Wickersham v. Lee
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1877, No. 60. Debt brought by George and William Lee, executors of Wetherill Lee, deceased, the survivor of the partners of the firm of Barcroft & Co., against 0. Wilson Davis and Morris S. Wickersham, late trading as Davis & Wickersham. The summons in the case issued on the 14th of November 1874, service of which was had upon Wickersham only.
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Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1877, No. 60. Debt brought by George and William Lee, executors of Wetherill Lee, deceased, the survivor of the partners of the firm of Barcroft & Co., against 0. Wilson Davis and Morris S. Wickersham, late trading as Davis & Wickersham. The summons in the case issued on the 14th of November 1874, service of which was had upon Wickersham only. The declaration set forth, that the defendants, being engaged in the business of collecting overdue claims, by law and. otherwise, the said 0. Wilson Davis being an…
1Opinion of the CourtJustice Paxson
The defendants below pleaded actio non accrevit infra sex annos. To this plea the plaintiffs demurred, and thus raised an issue of law. The issues of fact were decided adversely to the defendants by the jury. The court below sustained- the demurrer and entered judgment upon the verdict. The single question here is, whether the plaintiffs were entitled to judgment upon the demurrer.
The defendants were collection agents. The declaration was in debt for not paying over certain moneys collected by them. It was contended by the plaintiffs that inasmuch as the action was not founded upon a contract…
2Cases cited2 opinions
- Thompson v. M'GawSupreme Court of Pennsylvania · 1834
- Rank v. HillSupreme Court of Pennsylvania · 1841
3Cited by3 opinions
- In re McCannaSuperior Court of Pennsylvania · 1921
- Sprinkle v. . SprinkleSupreme Court of North Carolina · 1912
- Bedell v. Oliver H. Bair Co., Pennsylvania Court of Common Pleas, Philadelphia County1931