Wade v. Wade

U.S. Circuit Court for the District of Pennsylvania

Wade v. Wade

28 F. Cas. 1318, 1 Wash. C. C. 477

CourtU.S. Circuit Court for the District of Pennsylvania

DecidedOctober 15, 1806

StatusPublished

This text of 28 F. Cas. 1318 (Wade v. Wade) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wade v. Wade, 28 F. Cas. 1318, 1 Wash. C. C. 477 (circtdpa 1806).

Pincite

Opinion

WASHINGTON, Circuit Justice,

stated to the jury that if they were satisfied that the plaintiff is one of the brothers of the intestate, he is entitled to recover one-sixth of the principal and interest of these debts; but as the plaintiff waived interest on the sums collected, from the time they came into the defendant’s hands, in consequence of the doubts he entertained of the relationship, they might deduct the interest on those sums. It does not appear from the evidence, that the uncollected bond had ever been put in suit, nor does it appear' that the obligor was at any time, or is now, unable to pay. The defendant has been, administrator for some years, and told the witness, that if the plaintiff established his title, he, the defendant, must make the obligor pay up.

Verdict for plaintiff, for one-sixth, principal and interest, according to the charge of the court.

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WASHINGTON, Circuit Justice,

stated to the jury that if they were satisfied that the plaintiff is one of the brothers of the intestate, he is entitled to recover one-sixth of the principal and interest of these debts; but as the plaintiff waived interest on the sums collected, from the time they came into the defendant’s hands, in consequence of the doubts he entertained of the relationship, they might deduct the interest on those sums. It does not appear from the evidence, that the uncollected bond had ever been put in suit, nor does it appear' that the obligor was at any time, or is now, unable to pay. The defendant has been, administrator for some years, and told the witness, that if the plaintiff established his title, he, the defendant, must make the obligor pay up.

Verdict for plaintiff, for one-sixth, principal and interest, according to the charge of the court.

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Bluebook (online)

28 F. Cas. 1318, 1 Wash. C. C. 477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wade-v-wade-circtdpa-1806.