Stahl v. Jarrett
Supreme Court of Pennsylvania
The record of this case.having been returned on a writ of errob to the Court of Common Pleas of Lehigh county, accompanied by four bills of exceptions to the rejection of evidence, it appeared; that the plaintiff in error, John Stahl, brought án action in the court below against John Jarrett, the defendant in error, for money had and received, by the latter to the use of the former..
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The record of this case.having been returned on a writ of errob to the Court of Common Pleas of Lehigh county, accompanied by four bills of exceptions to the rejection of evidence, it appeared; that the plaintiff in error, John Stahl, brought án action in the court below against John Jarrett, the defendant in error, for money had and received, by the latter to the use of the former.. The money, amounting to five hundred dollars, was received by Jarrett in the year 1SÍ9, from Anthony Musicle, former sheriff of Lehigh county,, but of the proceeds of the sale of the real estate of a certain John…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
— The gravamen of the plaintiff’s suit is a fraud of-the defendant, for which, under the circumstances of this case, the. action for money had and received is the appropriate remedy. The, defendant alleges the money was received by virtue of a good, va-. lid, and subsisting judgment; but whether the judgment is subsist-, ing and unsatisfied is the very matter in controversy. The plaintiff alleges payment or other satisfaction, and that the judgment is kept on foot by fraud; that it is between other parties, and that he is indirectly, although…
2Cited by5 opinions
- Caskie v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1936
- Succession of MeunierSupreme Court of Louisiana · 1899
- In re the Appropriation of the Money Arising from the Sale of the Real Estate of GoswilerSupreme Court of Pennsylvania · 1831
- Barrow v. ClackSupreme Court of Louisiana · 1893
- Hurst v. Belle Valley (Vil.)Noble Circuit Court · 1907