6 Watts 46 | Pa. | 1837
The opinion of the Court was delivered by
It appears from the facts stated, that the suit was not brought until 1832, about seven years after the death of accountant’s intestate, and not until after the death of Abraham Sypher, the brother of accountant, who executed the note. This was an unreasonable delay, and unless a satisfactory reason can be given for this want of diligence to enforce the collection of the money, the administrator is chargeable. It is said, that the administrator of Abraham Sypher, maker of the note, has taken defence against its payment, by alleging that it is a forgery; but it is obvious from the account which the administrator himself has given of the transaction, that every difficulty which he has experienced hr the collection of the debt, has arisen from his neglect; for Abraham Sypher acknowledged the debt in his lifetime, and, from time to time, _ promised payment. It is therefore plain, from his own showing, that if suit had been brought, or the ordinary and proper
The second, third and fourth exceptions have not been sustained. We are unable to perceive any error in this part of the case, sufficiently tangible, to induce us to alter the account in any respect.
Decree affirmed.