McCullough v. McCullough
Supreme Court of Pennsylvania
Error to the Common Pleas of Jefferson county. This was an action of assumpsit, by William McCullough vs. James S. McCullough, to recover, inter alia, the value of certain boards, which were run down the Ohio River by defendant. Whether they were sold by defendant, did not appear in testimony.
Read the full summary
Error to the Common Pleas of Jefferson county. This was an action of assumpsit, by William McCullough vs. James S. McCullough, to recover, inter alia, the value of certain boards, which were run down the Ohio River by defendant. Whether they were sold by defendant, did not appear in testimony. On the trial, the court was requested to instruct the jury that the price of the boards cannot be recovered in this action, because there is no evidence of a sale; but the action ought to have been in trover or trespass. Bueeington, J., charged inter alia: — In addition to the plaintiff’s charges in his…
1Opinion of the Court
The opinion of the court was delivered by
Burnside, J.
— The principle ruled by the King’s Bench, in Longchamp v. Kenny, Douglas 137, goes far to govern this case. There it was decided, that great benefit arises from a liberal extension of the action “for money had and received,” because the charge and defence in this kind of action are both governed by true equity and conscience; and the court held, that if one person obtain possession of goods intrusted to another to be sold at a fixed price; and at the time when the goods are to be redelivered, or the price accounted for, he refuses to do…
2Cases cited1 opinion
- Gray v. GriffithSupreme Court of Pennsylvania · 1840
3Cited by2 opinions
- Woolsey v. Axton & SonSupreme Court of Pennsylvania · 1899
- Montour Furniture Co. v. SakolskySuperior Court of Pennsylvania · 1936