Hartman v. Dowdel
Supreme Court of Pennsylvania
On a writ of error to the District Court of York county, this appeared to be an' amicable action for money had ánd received by Michael Dowdel', Esq., sheriff of the county, for the use of John Hartman, the plaintiff. The following case (to be considered as a special verdict,) was stated for the opinion of the court below, on which judgment was rendered for the defendant.
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On a writ of error to the District Court of York county, this appeared to be an' amicable action for money had ánd received by Michael Dowdel', Esq., sheriff of the county, for the use of John Hartman, the plaintiff. The following case (to be considered as a special verdict,) was stated for the opinion of the court below, on which judgment was rendered for the defendant. Case. <{ On the first day of January, 1816, -Rudolph Spangler died, leaving among other children, Margaret, intermarried with John Hawk, and. leaving real estate, which was sold by William - Johnson and Barnet Spangler,…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
A letter of attorney maybe irrevocable, and contain an assignment of the thing, to be recovered, as undoubtedly was the casé here. It is certain also, that any disposition of a wife’s chose in action which, is substantially an assignment for valuable consideration, will bar her right. The assignee, however, must be a purchaser, else he will stand in the place of the husband, and failing to reduce the chose to possession in the lifetime of the husband, the wife’s right will survive. In other words, the husband may sell his wife’s chose in…
2Cases cited1 opinion
- Petrie v. ClarkSupreme Court of Pennsylvania · 1824
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