Deringer's administrator v. Deringer's administrator

(Spruanee with him) replied that it had been decided by the highest court in the State that this corporation is competent to maintain this action in this court as the administrator of Theophilus T. Deringer, deceased, duly appointed in the State of Pennsylvania under its act of incorporation in that State, and this being a debt due to it as such, the probate could be and had been probably made by it in such a case.

The Court,

dissenting, sustained the objection and rejected the probate for that reason and as unwarranted by the statute. Notwithstanding the ruling, however, the counsel for the plaintiff proceeded to the jury and requesting the court to instruct them to that effect, which they did, they returned a verdict for the defendant, on which the counsel for the plaintiff gave notice that they would tender a bill of exceptions to the charge of the court.