Livingston v. Cox
Supreme Court of Pennsylvania
In error from the District Court of Allegheny county. Sept. 8. This was an action against the administrators of Livingston. The declaration recited the indebtedness of one Dubbs to the plaintiff, on a noté — the employment of Livingston an attorney, for certain hire to collect the same — his promise in consideration of the premises to commence and carry on a suit therefore in a proper manner.
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In error from the District Court of Allegheny county. Sept. 8. This was an action against the administrators of Livingston. The declaration recited the indebtedness of one Dubbs to the plaintiff, on a noté — the employment of Livingston an attorney, for certain hire to collect the same — his promise in consideration of the premises to commence and carry on a suit therefore in a proper manner. That it thereupon became his duty so to prosecute ; but he neglected so to do, whereby the claim was lost, though Dubbs was at that time able to pay it. That Livingston and his administrators, not…
1Opinion of the CourtBell, J.
The weight of authority has put it beyond question, that though the action may be in form as for a tort, yet if the subject of it be based on contract, the suit will be attended by all the incidents of an action ex contractu, and this whether the defaulting party be an infant or an adult. The remark of Sir James Mansfield in Weal v. King, 12 East, 534, is, that “the form of the action cannot alter the nature of the transaction,” and he added, that, “ though the non-performance of that which is originally contract may be made the subject of an action of tort, the foundation of that action must…
2Cases cited9 opinions
- Bank of Orange v. BrownNew York Supreme Court · 1829
- State v. EllisSupreme Court of Connecticut · 1819
- Schemerhorn v. LoinesNew York Supreme Court · 1810
- McFarland v. CraryNew York Supreme Court · 1828
- Reynolds v. ClevelandNew York Supreme Court · 1825
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Duke & Co. v. AndersonSuperior Court of Pennsylvania · 1980
- Nirdlinger v. American District Telegraph Co.Supreme Court of Pennsylvania · 1914
- Duncan v. LordDistrict Court, E.D. Pennsylvania · 1976
- Siegel v. Struble Bros., Inc.Superior Court of Pennsylvania · 1942
- Astech International, LLC v. HusickDistrict Court, E.D. Pennsylvania · 2009
6 more not listed; retrieve them via the Exa API.