Legal Opinion

Balliet v. Brown

Supreme Court of Pennsylvania

Decided October 1, 1883No. 24PublishedCited by 13 opinions

Error to the Court o; Common Pleas of Lehigh county : Of July Term 1882, No. 24. Attachment execution, by Brown & Bro., agáinst Aaron' Balliet, garnishee of the Lehigh Valley Iron Company, issued on a- judgment recovered by the plaintiffs against the said iron company.

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Error to the Court o; Common Pleas of Lehigh county : Of July Term 1882, No. 24. Attachment execution, by Brown & Bro., agáinst Aaron' Balliet, garnishee of the Lehigh Valley Iron Company, issued on a- judgment recovered by the plaintiffs against the said iron company. On the trial, before Albright, P. J., the following facts appeared: Balliet was a director of the Lehigh Valley Iron Company, and with Joseph Laubaeh and Benjamin S. Levan, two other directors, indorsed notes for the accommodation of the company to the amount of $70,000. This paper was held by several banks, and they also held…

1Opinion of the CourtJustice Clabk

An attachment execution will not lie for a demand founded in tort, as for the detention of chattels ; it can only be sustained for a debt arising from contract expressed or implied : Boyer v. Bullard, 40 Leg. Int. 302. But where there is a conversion, there is an implied sale, and, waiving the tort, an action of assumpsit for goods sold and delivered can be maintained upon the contract implied ; the value is regarded as “a debt' due ” within the meaning of the 35th section of the Act of June 16th 1836 : Bethlehem v. Perseverance Fire Co., 31 P. F. Smith 445. It is equally clear that a sum…

2Cited by13 opinions

  1. Weisbecker v. Hosiery Patents, Inc.Supreme Court of Pennsylvania · 1947
  2. Bonini v. Family Theatre Corp.Supreme Court of Pennsylvania · 1937
  3. Wolf v. Excelsior Automatic Scale & Supply Co.Supreme Court of Pennsylvania · 1921
  4. Illoway v. DalySuperior Court of Pennsylvania · 1916
  5. Commonwealth v. RarickSuperior Court of Pennsylvania · 1917

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