Donnally v. Ryan
Supreme Court of Pennsylvania
Error to the Common Pleas of Crawford county. This was-an action of assumpsit, brought March 7th 1855, by Corvdon Ryan against John R. Donnally, surviving partner of the late firm of John R. & Charles B. Donnally, in which the plaintiff declared on the common money counts, and the defendant pleaded non assumpsit, and payment, &c.
Read the full summary
Error to the Common Pleas of Crawford county. This was-an action of assumpsit, brought March 7th 1855, by Corvdon Ryan against John R. Donnally, surviving partner of the late firm of John R. & Charles B. Donnally, in which the plaintiff declared on the common money counts, and the defendant pleaded non assumpsit, and payment, &c. The main point in the case was, whether the cash proceeds of a certain quantity of gold dust, valued at $800, belonging to the plaintiff, and which was sent in 1851 by him from California to his sister (the wife of Charles B. Donnally) for safe keeping, and which…
1Opinion of the Court
The opinion of the court was delivered,
by Woodward, J.
That John R. and Charles B. Donnally were partners in mercantile business, and that gold dust of Ryan, to an amount exceeding $800, sent from California to his sister, who was the wife of Charles B. Donnally, for safe keeping, went into the'partner ship of the two Donnallys, and was used by them in the purchase of goods, are among the unquestioned facts of the case; but whether the gold dust was put in as capital by Charles, or was taken and used by the firm on their joint credit, was the contested question of fact. This question was…
2Cases cited1 opinion
- Gaullaher v. GaullaherSupreme Court of Pennsylvania · 1836
3Cited by3 opinions
- In re GinsbergCourt of Appeals for the Third Circuit · 1955
- Morrison v. CurrySuperior Court of Pennsylvania · 1910
- In the Matter of Stanley Ginsberg and Henry Ginsberg, Individually and as Copartners Now or Late Trading as Hensten Appliance Co., Bankrupts. Appeal of Stanley Ginsberg and Henry GinsbergCourt of Appeals for the Third Circuit · 1955