Legal Opinion

Wills v. Kane

Supreme Court of Pennsylvania

Decided October 12, 1853PublishedCited by 8 opinions

Error to the District Court of Allegheny county. This was an action of assumpsit, in the District Court of Allegheny County, brought to January Term, 1852, by Michael Kane, Jr., surviving partner of the late firm of Roberts & Kane, against John A. Wills and John Coyle, late partners, under the firm of Wills & Coyle.

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Error to the District Court of Allegheny county. This was an action of assumpsit, in the District Court of Allegheny County, brought to January Term, 1852, by Michael Kane, Jr., surviving partner of the late firm of Roberts & Kane, against John A. Wills and John Coyle, late partners, under the firm of Wills & Coyle. The plaintiff filed with his praecipe, January 3, 1852, an affidavit, under the rule of court, claiming a right to recover from the defendants, the sum of $3100, with interest thereon, from Oct. 1, 1851. The said sum of $3100 being money collected by said firm of Wills & Coyle,…

1Opinion of the Court

The opinion of the court was delivered October 12, 1853, by

Woodward, J.

— This was an action of assumpsit, by Kane against Wills & Coyle, for the recovery of $3100, with interest, from the 1st October, 1851, which the plaintiff, in an affidavit filed with his prgecipe, alleged the defendants had collected for his use. The narr. was in three counts : 1st, for money had and received; 2d, for money lent; 3d, for money found due on an account stated. Coyle made no defence, but Wills took defence to the whole of the plaintiff’s claim, except the sum of $174.05, which he admitted to be due, and for…

2Cases cited1 opinion

  1. Franklin v. Low & SwartwoutNew York Supreme Court · 1806

3Cited by8 opinions

  1. Miller v. WorrallSupreme Court of New Jersey · 1901
  2. Feit v. RichardsNew Jersey Court of Chancery · 1902
  3. Steward v. KnightNew Jersey Court of Chancery · 1901
  4. Wilson v. WilsonNew Jersey Court of Chancery · 1890
  5. Osterling v. RoseSupreme Court of Pennsylvania · 1926

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