Cox v. Livingston
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. Thomas Cox against John Rhey and Samuel Livingston, administrators of Thomas Livingston deceased. Thomas Livingston, in his lifetime, was an attorney at law, and this suit was brought against his administrators for negligence of their intestate, in not bringing suit upon a note placed in his hands by the plaintiff for collection, by reason of which the money was lost.
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ERROR to the District Court of Allegheny county. Thomas Cox against John Rhey and Samuel Livingston, administrators of Thomas Livingston deceased. Thomas Livingston, in his lifetime, was an attorney at law, and this suit was brought against his administrators for negligence of their intestate, in not bringing suit upon a note placed in his hands by the plaintiff for collection, by reason of which the money was lost. On the trial of the cause the testimony was somewhat conflicting, as to the question whether the money could have been collected if suit had been brought immediately. But the…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
This action was instituted in the court below,
by the plaintiff, against the administrators of Thomas Livingston, for a breach of his duty as an attorney at law, in not bringing a suit, agreeably to his undertaking, against Martin Dubbs, to recover a debt of between $500 and $600, which Dubbs owed to the plaintiff upon a promissory note. According to the evidence, Mr. Livingston gave the plaintiff a receipt, dated at Pittsburgh, the 30th of August 1837, in the following words: “ Received of Mr. Thomas Cox, of Lancaster, Pennsylvania, for…
2Cited by5 opinions
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- Bradstreet v. EversonSupreme Court of Pennsylvania · 1872
- Waln v. BeaverSupreme Court of Pennsylvania · 1894
- Bland v. ReedCalifornia Court of Appeal · 1968