Gerhard v. Gerhard

Decided May 17, 1886

Supreme Court of Pennsylvania · decided 1886-05-17

This action was brought by Joseph Gerhard against Amos Gerhard and Peter Gundrum, executors of John Gerhard, to recover money advanced by plaintiff to decedent and used in the purchase of certain hotel property. The property was subsequently sold to William Wolfe. The money was alleged to have been loaned in 1870. At-the trial the executors pleaded the statute of limitations.

Affirmed · Decided 1886-05-17

Per Curiam:

¶1The learned judge was correct in giving binding instructions to the jury to find for the defendants. There was not evidence of such a distinct, positive, and unambiguous recognition of a debt as to. remove the.bar of the statute of limitations.

¶2Judgment affirmed.