Galbreath v. Moore
Supreme Court of Pennsylvania
ERROR to Cumberland county. This was an action of assumpsit by William Moore against Samuel Galbreath for money had and received. The plaintiff and defendant had entered into an agreement to purchase of a third person several bonds, and had mutually contributed funds for that purpose. Upon the purchase having been effected, the bonds were assigned to Galbreath alone, who, the plaintiff alleged, afterwards recovered and received the money from the obligors.
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ERROR to Cumberland county. This was an action of assumpsit by William Moore against Samuel Galbreath for money had and received. The plaintiff and defendant had entered into an agreement to purchase of a third person several bonds, and had mutually contributed funds for that purpose. Upon the purchase having been effected, the bonds were assigned to Galbreath alone, who, the plaintiff alleged, afterwards recovered and received the money from the obligors. This action was brought to recover the plaintiff’s share of it. The objection to the plaintiff’s recovery was, that the circumstances of…
1Per curiam
We have already determined that in a single transaction such as this, there is not a partnership to require the remedy to be by account-render. The parties were joint owners of the bonds, as they would have been had the price paid for them been the original consideration and they the obligees. There were no accounts with third persons to be settled; and one of the joint owners might recover in assumpsit his proportion of the money paid to the other, as so much received to his use.
Judgment affirmed.
2Cited by9 opinions
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- Mason v. SieglitzSupreme Court of Colorado · 1896
- Hamilton v. Hamilton's ExecutorsSupreme Court of Pennsylvania · 1851
- Rosenblatt v. WeinmanSupreme Court of Pennsylvania · 1909
- Knerr v. HoffmanSupreme Court of Pennsylvania · 1870
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