Legal Opinion

Miller v. Hulme

Supreme Court of Pennsylvania

Decided May 6, 1889No. 279½PublishedCited by 7 opinions

ERROR TO THE COURT OF COMMON PLEAS OF COLUMBIA COUNTY. No. 279i January Term 1889, Sup. Ct.; court below, No. 48 February Term 1887, C. P. On December 24, 1886, H. H. Hulme, executor of the will of Samuel Appleman, deceased, brought assumpsit against Charles W. Miller. Issue.

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ERROR TO THE COURT OF COMMON PLEAS OF COLUMBIA COUNTY. No. 279i January Term 1889, Sup. Ct.; court below, No. 48 February Term 1887, C. P. On December 24, 1886, H. H. Hulme, executor of the will of Samuel Appleman, deceased, brought assumpsit against Charles W. Miller. Issue. At the trial on October 2, 1888, before Hinckley, P. J., the plaintiff showed that the defendant, as the attorney of Samuel Appleman, in his lifetime the guardian of Otis Pealer, a minor, had received on April 6,1885, in the distribution of the estates of Daniel, Ira, and Elias Pealer, deceased, sums of money aggregating…

1Opinion of the Court

Opinion,

Mr. Justice Clark :

This action was brought by H. H. Hulme, executor of the last will and testament of Samuel Appleman, deceased, to recover from Charles W. Miller, Esquire, $182.29, received by him as attorney for Samuel Appleman, who, in his lifetime, was the guardian of Otis Pealer, in the distribution of the estates of Daniel, Tra, and Elias Pealer, deceased. The defend*280ant does not deny that the money is in his hands, but he alleges that whilst he receipted for it as the attorney of Appleman, guardian, etc., it was, by virtue of an arrangement previously made, applicable to a debt…

2Cases cited5 opinions

  1. Montgomery's AppealSupreme Court of Pennsylvania · 1880
  2. Carson v. M'FarlandSupreme Court of Pennsylvania · 1828
  3. Natcher v. NatcherSupreme Court of Pennsylvania · 1864
  4. Edgar v. ShieldsSupreme Court of Pennsylvania · 1857
  5. Hinkle v. EichelbergerSupreme Court of Pennsylvania · 1846

3Cited by7 opinions

  1. Starling v. West Erie Avenue Building & Loan Ass'nSupreme Court of Pennsylvania · 1938
  2. Grand Council of Pennsylvania Royal Arcanum v. CorneliusSupreme Court of Pennsylvania · 1901
  3. Ferguson v. YardSupreme Court of Pennsylvania · 1894
  4. Robins's EstateSupreme Court of Pennsylvania · 1897
  5. Bomgardner v. BlattSuperior Court of Pennsylvania · 1908

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