McDowell v. Potter
Supreme Court of Pennsylvania
In error from the Common Pleas of Centre county. This was an action of assumpsit by McDowell and wife, to recover from tbe defendant’s intestate a sum of money collected by him as attorney for plaintiffs. Plea: tbe statute of limitations. It appeared that a legacy bad been collected by defendant’s intestate, who died more than six years before this suit was brought.
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In error from the Common Pleas of Centre county. This was an action of assumpsit by McDowell and wife, to recover from tbe defendant’s intestate a sum of money collected by him as attorney for plaintiffs. Plea: tbe statute of limitations. It appeared that a legacy bad been collected by defendant’s intestate, who died more than six years before this suit was brought. Tbe legacy bad been bequeathed to plaintiff’s wife; and they offered to prove that McDowell, tbe husband, bad declared bis intention not to take tbe legacy for bis own use; and they also offered some evidence tending to show…
1Opinion of the CourtRogers, J.
If tbe case depended on lapse of time merely, tbe action, which is assumpsit, would be barred by tbe act *190of limitations; for the money was received by the defendants’ intestate in the years 1835 and 1836, and suit was not brought until the April Term of 1846, a period of about ten years. To the plea of the statute, the plaintiffs rejoin that the defendant was a practising attorney, and as such collected the money in suit for their use, that he neglected to advise them that he had so received it, and altogether concealed the same from their knowledge. The defendant denies this allegation of…
2Cases cited2 opinions
- Estate of HindsSupreme Court of Pennsylvania · 1840
- Timbers v. KatzSupreme Court of Pennsylvania · 1843
3Cited by3 opinions
- Waugh v. Guthrie Gas, Light, Fuel & Improvement Co.Supreme Court of Oklahoma · 1913
- State ex rel. White v. DickersonNevada Supreme Court · 1910
- Williams v. Pittsburgh Terminal Coal Corp.Court of Appeals for the Third Circuit · 1933