Michener v. Dale
Supreme Court of Pennsylvania
Error, to the District Court, Philadelphia. This was an action of assumpsit by Samuel E. Dale and Elizabeth Jane Dale against John Gr.
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Error, to the District Court, Philadelphia. This was an action of assumpsit by Samuel E. Dale and Elizabeth Jane Dale against John Gr. Michener, to recover the value of 109J ounces of gold dust, and some coin, the latter amounting to about $22.60. The plaintiffs claimed by virtue of an alleged donatio causa mortis, made by their brother James E. Dale, who died on board the steamer Panama, at sea, in the Pacific Ocean, in August, 1850. He had been a sailor, but leaving that employment he went to California and worked as a miner. He died on his voyage from San Francisco to Panama. Immediately…
1Opinion of the Court
The opinion of the Court was delivered by
Woodward, J.
James B. Dale, a native of Philadelphia, and a bachelor, having lived several years in California, embarked at San Francisco in the month of August, 1850, for Panama, on board a steamship. On the voyage, between Acapulco and Panama, he was seized by cholera. He sent for the purser of the ship, Mortimer Lent, who when he came found Dale lying dangerously ill, on the steerage deck. A sailor was in attendance upon him. The sick man held in his hands a buckskin bag of gold dust, and some pieces of coin, together amounting in value to $1770.60,…
2Cases cited2 opinions
- Craig v. TuckerSupreme Court of Pennsylvania · 1811
- Nicholas v. AdamsSupreme Court of Pennsylvania · 1836
3Cited by12 opinions
- Appeal of WalshSupreme Court of Pennsylvania · 1888
- Chadrow v. KellmanSupreme Court of Pennsylvania · 1954
- Packer v. ClemsonSupreme Court of Pennsylvania · 1920
- Elliott's EstateSupreme Court of Pennsylvania · 1933
- Estate of Clarence v. Elliott, Dec'd.Superior Court of Pennsylvania · 1934
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