Legal Opinion

Buckwalter Stove Co. v. Central Trust & Savings Co.

Superior Court of Pennsylvania

Decided April 29, 1913No. Appeal, No. 75PublishedCited by 3 opinions

Appeal, No. 75, Oct. T., 1912, by defendant, from judgment of C. P. No. 3, Phila. Co., Dec. T., 1907, No. 1549, on verdict for plaintiff in case of Buckwalter Stove Company v. Central Trust & Savings Company. Assumpsit for moneys had and received. Before Davis, J. The facts are set forth in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,088.42. Defendant appealed. Errors assigned were various rulings and instructions.

1Opinion of the Court

Opinion by

Henderson, J.,

This action was brought to recover a balance claimed for heaters and ranges furnished, for a building enterprise undertaken by James Conner. The plaintiff’s evidence exhibits the following state of facts: There were 156 dwelling houses included in the plan; mortgages were placed on the property and the money arising therefrom amounting to about $282,000 was deposited with the *561defendant to be applied by the latter on the bills of subcontractors for materials, etc.; title to the property was placed in David Carson, who was paying teller of the defendant, by whom the…

2Cases cited8 opinions

  1. Singer Manufacturing Co. v. ChristianSupreme Court of Pennsylvania · 1905
  2. American Car & Foundry Co. v. Alexandria Water Co.Supreme Court of Pennsylvania · 1907
  3. Anderson v. National Surety Co.Supreme Court of Pennsylvania · 1900
  4. McAvoy & McMichael, Ltd. v. Commonwealth Title Insurance & Trust Co.Superior Court of Pennsylvania · 1905
  5. Corcoran v. HueySupreme Court of Pennsylvania · 1911

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3Cited by3 opinions

  1. Bayne v. Proctor & Gamble Distributing Co.Superior Court of Pennsylvania · 1925
  2. Koons v. Franklin Trust Co.Supreme Court of Pennsylvania · 1923
  3. Fruit Dispatch Co. v. MageeSuperior Court of Pennsylvania · 1915

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