Maffitt's Administrator v. Rynd ex rel. Lamb
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 189 to October and November Term 1870. This was an action of assumpsit brought April 2d 1869, by Lewis Lamb against Minas Tindle, administrator, &c., of John Maffitt, deceased, and James Old, surviving John Maffitt, late partners as Maffitt & Old.
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Error to the District Court of Allegheny county: No. 189 to October and November Term 1870. This was an action of assumpsit brought April 2d 1869, by Lewis Lamb against Minas Tindle, administrator, &c., of John Maffitt, deceased, and James Old, surviving John Maffitt, late partners as Maffitt & Old. The claim of the plaintiff was, that having been in embarrassed circumstances, certain of his friends, who were also his creditors, desiring to do something for his benefit, advanced money and purchased real estate to set him up in business in a planing-mill, for conducting which he was to receive…
1Opinion of the Court
The opinion of the court was delivered, January 9th 1872, by
Sharswood, J.
This case might have been presented to the court and jury on the trial below in a way which would have precluded all question. Had the offer of the parol evidence in regard to the alleged trust or mortgage (in whichever light the transaction might be viewed) arising on the conveyance from James Bynd and others to Maffitt & Old, dated May 19th 1863, been as introductory only to evidence with which it was to be followed, that after Maffitt & Old had sold the land to the Pittsburg and Connellsville Coal, Coke and Gas…
2Cases cited5 opinions
- Russell v. SouthardSupreme Court of the United States · 1851
- Lyle v. DucombSupreme Court of Pennsylvania · 1813
- Kunkle v. WolfersbergerSupreme Court of Pennsylvania · 1837
- Garber v. HenrySupreme Court of Pennsylvania · 1837
- Wharf v. HowellSupreme Court of Pennsylvania · 1813
3Cited by6 opinions
- McBride v. Western Pennsylvania Paper Co.Supreme Court of Pennsylvania · 1919
- Christian Moerlein Brewing Co. v. RuschSupreme Court of Pennsylvania · 1922
- Williams Et Ux. v. MoodhardSupreme Court of Pennsylvania · 1941
- Faunce v. McCorkleSupreme Court of Pennsylvania · 1936
- Leinenbach's PetitionPennsylvania Orphans' Court, Schuylkill County · 1935
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