Albright v. Brown

Decided May 19, 1884

Supreme Court of Pennsylvania · decided 1884-05-19

No. 22, July Term, 1884. These were two actions of assumpsit brought by R. F. Brown and F. A. Lonehower against Amelia A1 right, executrix of L. F. Albright, deceased. The facts appear in the opinion of the Court, sustaining a demurrer to a special plea, per These two cases are controlled by the same principles. The plaintiffs respectively seek to recover the amount of certain notes drawn by the testator in his lifetime in their favor.

Decided 1884-05-19

¶1The Supreme Court affirmed the judgments of the Common Pleas on May 19, 1884, in the following opinion:

Per Curiam.

¶2These cases were argued together. The fact that these •claims were presented before an auditor, found to be correct, and a small sum awarded to them on a distribution, constitutes *384no legal bar to a recovery for the unpaid portion in a court of law. That hearing is not such an adjudication as to bar the right of the claimant to collect the residue of his claim out of other property.

¶3Judgment in each case affirmed.