Burkholder v. Beetem's Administrators
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cumberland county: No. 58, to May Term 1870. This was an action of assumpsit, brought August 12th 1865 by Henry L. Burkholder against Joseph W. Patton and Joseph A. Stuart, administrators, &c., of William Beetem, deceased. The action was to recover $3000 which the plaintiff at the request of Beetem had given to him, Beetem, to invest for him.
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Error to the Court of Common Pleas of Cumberland county: No. 58, to May Term 1870. This was an action of assumpsit, brought August 12th 1865 by Henry L. Burkholder against Joseph W. Patton and Joseph A. Stuart, administrators, &c., of William Beetem, deceased. The action was to recover $3000 which the plaintiff at the request of Beetem had given to him, Beetem, to invest for him. The first count of the declaration alleged, that in consideration that the plaintiff would not invest $3000 in United States loan and would intrust it to Beetem to invest, he would invest it more profitably, and the…
1Opinion of the Court
The opinion of the court was delivered, July 7th 1870, by
Sharswood, J.
There have been twenty errors assigned on this record; but as the counsel for the plaintiff concede in their printed argument, all those which are founded upon the charge and the answers of the court to the points presented are resolvable into two questions. The first is as to the character of the relation between the parties, and the second as to the effect of the Act of *504Assembly of April 15th 1850, sect. 10, art. 5th, Pamph. L. 482, entitled “An Act regulating Banks.”
The action was instituted to recover from the defendant…
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