Richey v. Hathaway
Supreme Court of Pennsylvania
Appeal, No. 246, Oct. T., 1891, by plaintiff, E. Richey, from judgment of O. P. Greene Co., April T., 1888, No. 151, on verdict for plaintiff and against defendants, Charles Y. Hathaway et al., administrators of John W. Hathaway, deceased. Assumpsit on book account and for moneys had and received, and laid out and expended.
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Appeal, No. 246, Oct. T., 1891, by plaintiff, E. Richey, from judgment of O. P. Greene Co., April T., 1888, No. 151, on verdict for plaintiff and against defendants, Charles Y. Hathaway et al., administrators of John W. Hathaway, deceased. Assumpsit on book account and for moneys had and received, and laid out and expended. Under the instructions of the court below by Inghram, P. J., the jury rendered a verdict for the plaintiff for so much of the book account as was not barred by the statute of limitations. As to the other items of plaintiff’s claim, the court ruled that she could not…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
This is an action of assumpsit brought to recover the price of goods sold and delivered to John W. Hathaway, the balance on an account for money deposited with him, and the balance on an account for money paid on his order to his use. It was thought by the learned judge of the court below that these balances were not recoverable in this action, but that resort must be had to account render or a bill in equity for their ascertainment and collection, and he instructed the jury accordingly. This is the ruling which the four specifications of error filed in the case…
2Cases cited1 opinion
- Reeside's v. ReesideSupreme Court of Pennsylvania · 1865
3Cited by2 opinions
- State v. FrancesSupreme Court of Louisiana · 1884
- Burton v. TrainerSuperior Court of Pennsylvania · 1905