McCoon v. Galbraith
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Hrie county. This was an amicable action of assumpsit by Me Coon & Sherman against Galbraith & Graham, attorneys at law. In January, 1841, the plaintiffs, merchants in the city of New York, sent to the defendants, who were at that time practising lawyers in copartnership, under the firm of “ Galbraith & Gra.ham,” a claim against S. C. Walker, of Erie, for collection.
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Error to the Court of Common Pleas of Hrie county. This was an amicable action of assumpsit by Me Coon & Sherman against Galbraith & Graham, attorneys at law. In January, 1841, the plaintiffs, merchants in the city of New York, sent to the defendants, who were at that time practising lawyers in copartnership, under the firm of “ Galbraith & Gra.ham,” a claim against S. C. Walker, of Erie, for collection. Portions of the claim were collected, from time to time, and remittances made to the plaintiffs in New York, up to the 26th day of May, 1843, when a settlement took place between Galbraith &…
1Opinion of the Court
The opinion of the court was delivered,
by Lowrie, J.
We think that this action ought to be treated as commenced to November Term, 1852, for that is the agreement of the parties. Within six years before (27th February, 1847), Galbraith had written to the plaintiffs, expressing his ignorance of the state of the case, informing them that collaterals had been placed in the defendant’s hands, but not saying that any payment had been made to them, and promising to ascertain and inform them farther. In July he wrote again that he was still without information, and promising to obtain and communicate…
2Cases cited1 opinion
- Foster v. JackSupreme Court of Pennsylvania · 1835
3Cited by3 opinions
- Rabben v. SteinbergSuperior Court of Pennsylvania · 1958
- McCain v. Peart, Pennsylvania Court of Common Pleas, Armstrong County1891
- Johnston v. McCain, Pennsylvania Court of Common Pleas, Armstrong County1891