Dawes v. Cope
Supreme Court of Pennsylvania
This was an action for money had and received, which was tried before the Chief Justice at Nisi Prius in June last, under an agreement between the parties, for the purpose of ascertaining whether the plaintiffs had a right to or in a certain quantity of tobacco and sugar, shipped by Barker and Annesly in the ship Favorite to Cadiz, or to or in the proceeds or any part thereof, whether the same were in money, bills, notes, or any other thing of value.
Read the full summary
This was an action for money had and received, which was tried before the Chief Justice at Nisi Prius in June last, under an agreement between the parties, for the purpose of ascertaining whether the plaintiffs had a right to or in a certain quantity of tobacco and sugar, shipped by Barker and Annesly in the ship Favorite to Cadiz, or to or in the proceeds or any part thereof, whether the same were in money, bills, notes, or any other thing of value. By the report of the Chief Justice the material facts were these: In the latter part of January 1808, the plaintiffs, through friendship to…
1Opinion of the Court
Tilgbman C. J.
This is a dispute between the plaintiffs, assignees of a particular part of the property of Barker and Annesly, and the defendant the general assignee for the benefit of all the creditors. There is no doubt of the assignment to the plaintiffs having been good in the beginning. The question is, whether they have conducted themselves in such a manner as to lose the benefit of that which was originally good; in other words, whether they have committed a fraud, in point of law, by permitting Barker and Annesly re^a'n the possession of the assigned property, and thus deceiving the…
2Cases cited2 opinions
- United States v. Hooe Et Al.Supreme Court of the United States · 1805
- Hamilton v. RussellSupreme Court of the United States · 1803
3Cited by17 opinions
- Brooks v. MarburySupreme Court of the United States · 1826
- Sturtevant v. BallardNew York Supreme Court · 1812
- Bissell v. HopkinsNew York Supreme Court · 1824
- Brooks v. PowersMassachusetts Supreme Judicial Court · 1818
- Streeper v. EckartSupreme Court of Pennsylvania · 1837
12 more not listed; retrieve them via the Exa API.