Legal Opinion

Harper v. Fox

Supreme Court of Pennsylvania

Decided May 15, 1844PublishedCited by 12 opinions

ERROR to the Common Pleas of Dauphin county. The Commonwealth for the use of John Harper, assignee of John M. Woodburn, against John Fox, Esq. This was an action of debt upon the official bond of the defendant as high sheriff of Dauphin county.

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ERROR to the Common Pleas of Dauphin county. The Commonwealth for the use of John Harper, assignee of John M. Woodburn, against John Fox, Esq. This was an action of debt upon the official bond of the defendant as high sheriff of Dauphin county. The facts were as follows :—John M. Woodburn obtained a judgment against Christian Shunk and Joseph Bowman, of the firm of Shunk & Bowman, which was confessed amicably by Bowman for the sum of $500, upon which an execution issued and was put into the hands of Sheriff Fox on the 8th September 1840, and was levied on the defendants’ personal property. On…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

The sheriff’s acceptance of payment in banknotes discharged the obligation; consequently,- the return on it, though true as to the particulars, was false in the concrete, which was all that the court could notice. Pie took the notes as cash, and must account for them as cash; but to whom? Certainly not to the partner, Shunk, unless the money was made of his separate estate, which does not appear.' A partner has power to dispose of the joipt effects by his separate act; and that he may not bind the firm by submission to arbitration, or…

2Cases cited1 opinion

  1. Taylor v. HendersonSupreme Court of Pennsylvania · 1828

3Cited by12 opinions

  1. L. C. Jones Trucking Co. v. Superior Oil Co.Wyoming Supreme Court · 1951
  2. Carey v. BrightSupreme Court of Pennsylvania · 1868
  3. Boyd v. Thompson & CoxeSupreme Court of Pennsylvania · 1893
  4. Elliott v. Holbrook, Carter & Co.Supreme Court of Alabama · 1859
  5. Walsh v. KirbySupreme Court of Pennsylvania · 1910

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