Irvine v. Hanlin
Supreme Court of Pennsylvania
In the Coui’t of Common Pleas of Westmoreland county, to which this writ of error was directed, Boyle Irvine, the plaintiff below, and plaintiff in error, brought this action of assumpsit against William- Hanlin, to recover the value of certain ore, and a verdict and judgment were rendered in favour of the defendant, the court below having charged the jury, that the action was not maintainable. The circumstances of the case appeared on the trial to be as follows.
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In the Coui’t of Common Pleas of Westmoreland county, to which this writ of error was directed, Boyle Irvine, the plaintiff below, and plaintiff in error, brought this action of assumpsit against William- Hanlin, to recover the value of certain ore, and a verdict and judgment were rendered in favour of the defendant, the court below having charged the jury, that the action was not maintainable. The circumstances of the case appeared on the trial to be as follows. James Hanlin, an infant, and Boyle Irvine, were tenants in common of a tract of land from which the ore was taken, for the price of…
1Opinion of the Court
The opinion of the court, (Tilghman, J. being absent,) was delivered by
Duncan, J.
It may be proper, to dispose of the suggestion of the counsel of the plaintiff in error, that William Hanlin, received part of the money in his own wrong, when he was not the guardian, and therefore no action of account render would lie against him for this. If this be so, then it is very clear, the action for
money had and received will not lie against him, if he was a trespasser and intruder, for in Haldaine & al. v. Duche’s Executors, 1 Yeates, 129, Judge Yeates, in an elaborate opinion which he ’ had prepared,…
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