Ozeas v. Johnson
Supreme Court of Pennsylvania
THIS was an action for money had and received, tried before the Chief Justice, at NisiPriu$ in 7une 1806. The facts in evidence were, that the plaintiff and Eoulkc had been concerned in several adventures to jVew-Orleans, upon the accounts of which, different sums appeared to be due to theplaintiff from Foulke, who had received the proceeds; and for the recovery of these sums with interest the action was brought.
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THIS was an action for money had and received, tried before the Chief Justice, at NisiPriu$ in 7une 1806. The facts in evidence were, that the plaintiff and Eoulkc had been concerned in several adventures to jVew-Orleans, upon the accounts of which, different sums appeared to be due to theplaintiff from Foulke, who had received the proceeds; and for the recovery of these sums with interest the action was brought. One of the witnesses swore that two or three years before Foulke's death, the plaintiff demanded a settlement of his accounts, which Foulke promised to make in a short time; but no…
1Opinion of the Court
Txxghman C. J.
delivered the opinion of the court.
This is an action on the case in which the plaintiff declax-ed for money had and l-eceived to his use by Adam Foulke deceased. *193it was proved on the trial, that the plaintiff and Adam Foulke were engaged as joint partners in an adventure to New-Orleans. The jury were of opinion, that on striking the balance of the partnership accounts, the sum of three hundred and twenty dollars was due to the plaintiff, and found a verdict accordingly. There was no proof that the partners had ever settled their' accounts; and at the request of the defendant’s…
2Cited by6 opinions
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- Crow v. GreenSupreme Court of Pennsylvania · 1886
- Price v. DrewSupreme Court of Florida · 1882
- McMahon v. ThorntonMontana Supreme Court · 1881
- Calvert v. MarlowSupreme Court of Alabama · 1844
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