Legal Opinion

Kaylor v. Shaffner

Supreme Court of Pennsylvania

Decided July 1, 1855PublishedCited by 13 opinions

ERROR, to the Common Pleas of Dauphin county. This was an action of assumpsit to August T., 1853, instituted in the name of Barbara Bucks. for the use of George Shaffner, assignee, v. George Kaylor. Narr. filed May 23,1853, declaring the defendant to have been summoned to answer George Shaffner, assignee of Barbara Bucks, for an indebtedness in the sum of $118, received by the defendant fpr the use of the plaintiff.

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ERROR, to the Common Pleas of Dauphin county. This was an action of assumpsit to August T., 1853, instituted in the name of Barbara Bucks. for the use of George Shaffner, assignee, v. George Kaylor. Narr. filed May 23,1853, declaring the defendant to have been summoned to answer George Shaffner, assignee of Barbara Bucks, for an indebtedness in the sum of $118, received by the defendant fpr the use of the plaintiff. The money in dispute had been received on a note, dated June 19, 1846, by Epler & Books to Barbara Bucks or order, for $100, with interest; and had on it an assignment by Barbara…

1Opinion of the Court

The opinion of the Court was delivered by

Lewis, C. J.

Shaffner, the defendant in error, became the owner, by assignment, of a note originally given by one Epler to Barbara Bucks. After the death of the latter, Kaylor, her executor, obtained possession of the note and collected the money, without the consent of Shaffner, who thereupon brought this action for money had and received. The suit was originally brought in the name of “Barbara Bucks for the use of George Shaffner, assignee;” but a declaration was filed in the name of “George Shaffner, assignee of Barbara Bucks.” Kaylor, without making…

2Cited by13 opinions

  1. Bausewine v. Norristown Herald, Inc.Supreme Court of Pennsylvania · 1945
  2. Commonwealth ex rel. Burgess & Town Council v. MahonSuperior Court of Pennsylvania · 1900
  3. Booth v. DorseySupreme Court of Pennsylvania · 1902
  4. Aiken, to Use v. MayberrySuperior Court of Pennsylvania · 1937
  5. Haines v. ElfmanSupreme Court of Pennsylvania · 1912

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