Ballingall v. Hunsberger
Superior Court of Pennsylvania
Appeal, No. 12, Oct. T., 1900, by defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1898, No. 895, on verdict for plaintiff in ease of Peter Ballingall to use of James W. Davis v. Samuel D. Hunsberger. Assumpsit for money had and received. Before McCarthy, J. The facts are fully stated in the opinion of the Superior Court. The court directed a verdict for plaintiff. Verdict for plaintiff for $128.17. Defendant appealed.
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Appeal, No. 12, Oct. T., 1900, by defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1898, No. 895, on verdict for plaintiff in ease of Peter Ballingall to use of James W. Davis v. Samuel D. Hunsberger. Assumpsit for money had and received. Before McCarthy, J. The facts are fully stated in the opinion of the Superior Court. The court directed a verdict for plaintiff. Verdict for plaintiff for $128.17. Defendant appealed. Error assigned was directing verdict for plaintiff.
1Opinion of the Court
Opinion by
Orlady, J.,
The legal plaintiff, being indebted to the defendant, delivered to him ten bonds of an ice company (par value $100 each) *118as collateral security for the payment of three notes, aggregating $488.46. The ice company became insolvent and its assets were taken in charge by its assignee, who converted them into cash; and, when an auditor was appointed to make distribution to creditors, the defendant employed counsel to represent him before the auditor in securing a distribution to the ten bonds he held as collateral. The pro rata distribution to the ten bonds amounted to $720.…
2Cases cited3 opinions
- Reynolds v. CridgeSupreme Court of Pennsylvania · 1890
- Stuart v. Bigler's AssigneesSupreme Court of Pennsylvania · 1881
- Jones v. WoodsSupreme Court of Pennsylvania · 1875
3Cited by4 opinions
- Guardian Trust Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1928
- Gordon v. Mohawk Bond & Mortgage Co.Supreme Court of Pennsylvania · 1934
- Allen v. Williamsport National BankSuperior Court of Pennsylvania · 1908
- Bank of Commerce v. FisherSuperior Court of Pennsylvania · 1917