Legal Opinion

Finney v. Cochran

Supreme Court of Pennsylvania

Decided May 15, 1841PublishedCited by 19 opinions

ERROR to the Common Pleas of Dauphin county. This was an action for money had and received by David Ferguson for the use of John Cochran against Thomas Finney, to which the defendant pleaded non assumpsit, non assumpsit infra sex annos, and payment with leave, &c.

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ERROR to the Common Pleas of Dauphin county. This was an action for money had and received by David Ferguson for the use of John Cochran against Thomas Finney, to which the defendant pleaded non assumpsit, non assumpsit infra sex annos, and payment with leave, &c. The suit was instituted on the 27th of March 1840. " The plaintiff gave in evidence the following receipts, bonds and records: “ Received, March 29th 1824, of David Ferguson, four bonds, payable by Jacob Frantz and Philip Brown, for $400 each; the first of them becomes due on the first day of May in the year 1826; the second on the…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

This action was brought in the court below by John Cochran, for his use, in the name of David Ferguson, against Thomas Finney, for money had and received by him for the use of the latter. The first error is a bill of exceptions to the opinion of the court, admitting evidence of the receipt of moneys by the defendant below, more than six years before the commencement of the action. The objection made to the admission of this evidence was, that it went to show moneys received by the defendant more than six years before this suit was brought;…

2Cases cited3 opinions

  1. Kane v. BloodgoodNew York Court of Chancery · 1823
  2. App v. DreisbachSupreme Court of Pennsylvania · 1830
  3. Lyon v. MarclaySupreme Court of Pennsylvania · 1832

3Cited by19 opinions

  1. Hostetter v. HollingerSupreme Court of Pennsylvania · 1888
  2. Wolffe v. StateSupreme Court of Alabama · 1885
  3. Albretch v. WolfIllinois Supreme Court · 1871
  4. Kirkpatrick v. M'DonaldSupreme Court of Pennsylvania · 1849
  5. Amory v. LawrenceU.S. Circuit Court for the District of Massachusetts · 1872

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