Legal Opinion

Hamsher v. Kline

Supreme Court of Pennsylvania

Decided March 19, 1868PublishedCited by 13 opinions

Error to the District Court of Philadelphia: No. 115, to January Term 1868. This was an action on the case, by Jacob Hamsher against William O. Kline, commenced December 1st 1860. The 1st count charges the defendant with neglect of duty as the plaintiff’s attorney at law; the 2d, that he purchased certain real estate on which was a lien in favor of the plaintiff which the defendant was employed to collect, and therefore he became liable to pay the amount of the lien; the 3d,…

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Error to the District Court of Philadelphia: No. 115, to January Term 1868. This was an action on the case, by Jacob Hamsher against William O. Kline, commenced December 1st 1860. The 1st count charges the defendant with neglect of duty as the plaintiff’s attorney at law; the 2d, that he purchased certain real estate on which was a lien in favor of the plaintiff which the defendant was employed to collect, and therefore he became liable to pay the amount of the lien; the 3d, that the defendant was employed as agent and attorney of the plaintiff to collect a debt, that he received from the…

1Opinion of the Court

The opinion of the court was delivered, by

Sharswood, J.

In the court below this was an action in which the plaintiff claimed that the defendant, as his attorney, had undertaken to collect a mortgage held by him on a farm and tract of land in the state of Delaware; that contrary to his duty, at the sheriff’s sale under the mortgage, he had concealed from the bidders a material fact, which would have enhanced the price; that he had become the purchaser himself at the sale, for a sum much below what it would otherwise have brought; and that he had not accounted for the purchase-money. On the…

2Cases cited3 opinions

  1. Lessee of Hamilton v. MarsdenSupreme Court of Pennsylvania · 1813
  2. Atchison v. M'CullochSupreme Court of Pennsylvania · 1836
  3. Pigott v. HollowaySupreme Court of Pennsylvania · 1808

3Cited by13 opinions

  1. Sargeant v. National Life InsuranceSupreme Court of Pennsylvania · 1899
  2. Killeen's EstateSupreme Court of Pennsylvania · 1932
  3. Stone v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1917
  4. Austen v. MarzolfSupreme Court of Pennsylvania · 1932
  5. Benseman v. Prudential Insurance Co. of AmericaSuperior Court of Pennsylvania · 1900

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