Smuller v. Union Canal Co.
Supreme Court of Pennsylvania
Error to the Common Pleas of Dauphin county. This was an action of assumpsit, brought August 31st 1858, by “The Union Canal Company,” for the use of John Rodman Paul, R. Rundle Smith, and Oscar Thompson, against George Smuller. To a declaration in assumpsit, the pleas of non assumpsit, payment, and set-off, were entered by defendant; and on the issue thus made up, the parties went to trial.
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Error to the Common Pleas of Dauphin county. This was an action of assumpsit, brought August 31st 1858, by “The Union Canal Company,” for the use of John Rodman Paul, R. Rundle Smith, and Oscar Thompson, against George Smuller. To a declaration in assumpsit, the pleas of non assumpsit, payment, and set-off, were entered by defendant; and on the issue thus made up, the parties went to trial. Smuller was collector of tolls for “ The Union Canal Company,” at Middletown, to which office he had been appointed by the company, but resigned on the first of May 1858. At the date of his resignation, he…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
— How far the plaintiff in error, as the holder of one of the notes given by the company to the contractors for the enlargement of the canal, could be affected by the mortgage of the 20th of October 1857, or by the assignment dated October 28, 1857, it is useless now to inquire. Independent of their existence, we are of opinion that he could not defalcate against the claim of the plaintiff below. The relation which he sustained to the company forbade it. He had received the money for which he was sued for a particular purpose. The $4.41…
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