Legal Opinion

Kingsbury v. Ledyard

Supreme Court of Pennsylvania

Decided July 15, 1841PublishedCited by 7 opinions

ERROR to the Common Pleas of Wayne county. This was an action of trespass by Joseph Kingsbury against Luther Ledyard, commenced originally before a justice of the peace, from whose decision it was brought by appeal into the Common Pleas.

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ERROR to the Common Pleas of Wayne county. This was an action of trespass by Joseph Kingsbury against Luther Ledyard, commenced originally before a justice of the peace, from whose decision it was brought by appeal into the Common Pleas. The plaintiff declared against the defendant, “ for that the said defendant on the 29th day of October 1838, seized, took, and car- , ried away, one one-horse wagon of said plaintiff, of great value, to wit, of the value of ninety dollars, &c., and converted and disposed of the same,” &c. The defendant pleaded “ not guilty with leave to justify,” upon which…

1Opinion of the Court

The opinion of the Court was delivered by

Huston, J.

The case of Riddle v. Bedford County, (7 Serg. & Rawle 386), has been relied on by both parties. That case, and Keyser v. M’Kissan, (2 Rawle 139), in our own reports, state the law as well settled in England, New York, Massachusetts, and this state, that the act of an officer, who is only such de facto, is not good where it is for his own benefit, or where he sues to recover for his own benefit; but where he acts for the benefit of strangers or of the public, who know nothing about his title to the office, his acts are valid. We heard much in…

2Cases cited3 opinions

  1. Keyser v. M'KissanSupreme Court of Pennsylvania · 1828
  2. Riddle v. County of BedfordSupreme Court of Pennsylvania · 1821
  3. Hecker v. JarretSupreme Court of Pennsylvania · 1811

3Cited by7 opinions

  1. Clark v. CommonwealthSupreme Court of Pennsylvania · 1858
  2. Keith v. StateSupreme Court of Arkansas · 1887
  3. Brunott v. M'KeeSupreme Court of Pennsylvania · 1843
  4. Barr & Daugherty v. BoylesSupreme Court of Pennsylvania · 1880
  5. Gregg Township v. JamisonSupreme Court of Pennsylvania · 1867

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