Pugh v. Powell
Supreme Court of Pennsylvania
Error to the Common Pleas No. 1 of Allegheny County to review a judgment in favor of the plaintiffs in an action of assumpsit. This action was brought to William A. Powell and Hannah J. Powell (formerly Hannah J. Davis) against Jackson E. Pugh to recover $650 which was alleged to have been improperly paid to the defendant by the guardian of Mrs. Powell. In 1862 Hannah J. Davis, when two years old, was taken by Jackson E. Pugh into his house.
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Error to the Common Pleas No. 1 of Allegheny County to review a judgment in favor of the plaintiffs in an action of assumpsit. This action was brought to William A. Powell and Hannah J. Powell (formerly Hannah J. Davis) against Jackson E. Pugh to recover $650 which was alleged to have been improperly paid to the defendant by the guardian of Mrs. Powell. In 1862 Hannah J. Davis, when two years old, was taken by Jackson E. Pugh into his house. Her father, who was the brother of Pugh’s wife, was a soldier in the service of the United States and died in 1864. In 1871 James Simmers was appointed…
1Opinion of the Court
Per Curiam :
The objection that there was no privity between the parties was not well taken. The money was paid to the defendant below for the use and benefit of the plaintiff Hannah J. Powell, me Davis. Under such circumstances it is well settled that assumpsit for money had and received will lie in the name of the person for whose benefit it was paid. It was money which the ■defendant in good conscience ought not to retain.
The statute of limitations was no bar. The right of action accrued during the minority of the plaintiff. This suit was brought within six years of her arrival at age.
Judgme…