Diechman v. Northampton Bank
Supreme Court of Pennsylvania
On the trial of this cause at the Circuit Court of Lehigh county, before the Chief Justice, on the 17th of JLpril last, it appeared that it was an action of assumpsit, brought by John Diechman, surviving administrator de bonis non cum testamento annexo of George Smull, deceased, against the Northampton Bank, for money had and received by the defendants to the use of the plaintiff.
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On the trial of this cause at the Circuit Court of Lehigh county, before the Chief Justice, on the 17th of JLpril last, it appeared that it was an action of assumpsit, brought by John Diechman, surviving administrator de bonis non cum testamento annexo of George Smull, deceased, against the Northampton Bank, for money had and received by the defendants to the use of the plaintiff. The plaintiff claimed the sum of seven hundred and fifty-two dollars forty-five cents, with interest from the 29th of October, 1819, alleged to have been improperly received by the defendants, from the sheriff of…
1Opinion of the Court
The opinion of the court was delivered by
Huston, J.
The Northampton Bank had a judgment against Peter Smull, individually, on the 12th of September, 1817. They issued a Fieri Facias, to August, 1818, which was returned “ Levied on personal property.” A Venditioni Exponas, issued to November Term; and an Alias Venditioni Exponas, to February Term, 1819, which was returned, “ Debt and costs paid.” The sheriff, who was called, produced the receipt of the cashier. The cashier was called, who proved that the sheriff kept an account in the bank, but not a separate account for each suit; that his…
2Cases cited2 opinions
- Rapalje v. EmorySupreme Court of the United States · 1790
- Rogers v. Huntingdon BankSupreme Court of Pennsylvania · 1824
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- Neff v. HerediaCourt of Appeals for the Tenth Circuit · 2010
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