Cunningham v. Crucible Steel Casting Co.
Superior Court of Pennsylvania
Appeal, No. 290, Oct. T., 1912, by plaintiff, from judgment of C. P. Del. Co., June T., 1910, No. 156, on verdict for defendant in case of Irene D. Cunningham v. Crucible Steel Casting Company. Assumpsit for money had and received. Before Broomall, J. At the trial it appeared that the plaintiff claimed to recover $1,000 which she alleged that she had loaned to the defendant through a check of her father to her order and indorsed by her to the company.
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Appeal, No. 290, Oct. T., 1912, by plaintiff, from judgment of C. P. Del. Co., June T., 1910, No. 156, on verdict for defendant in case of Irene D. Cunningham v. Crucible Steel Casting Company. Assumpsit for money had and received. Before Broomall, J. At the trial it appeared that the plaintiff claimed to recover $1,000 which she alleged that she had loaned to the defendant through a check of her father to her order and indorsed by her to the company. The defendant contended that the check was not given as a loan, but as part payment of a stock subscription of plaintiff’s husband. When Mrs.…
1Opinion of the Court
Opinion by
Rice, P. J.,
The plaintiff alleged in her statement of claim that she loaned the defendant $1,000, payable on demand. By amendment a claim for money had and received was added. The defendant pleaded the general issue.. On the trial the plaintiff put in evidence a check for $1,000 drawn by J. N. M. Shimer to the plaintiff’s order, indorsed by her to the order of the defendant, and indorsed by C. R. H. Cunningham, treasurer of the •company, which check, thus indorsed, was deposited in bank to the credit of the company and was paid. This alone did not establish the plaintiff’s right to…
2Cases cited3 opinions
- Pleasanton v. NuttSupreme Court of Pennsylvania · 1887
- Musser v. GardnerSupreme Court of Pennsylvania · 1870
- Sayler v. WalterSuperior Court of Pennsylvania · 1906
3Cited by1 opinion
- Commonwealth v. BitlerSuperior Court of Pennsylvania · 1938