Harger v. M'Mains
Supreme Court of Pennsylvania
ERROR to the district court, of Alleghany county. Thomas Kinhead against George Harger. Trover and conversion of a certificate of a revolutionary claim or pension of 80 dollars annually. The suit was instituted on the 1st of March 1834, when no part of the pension was due ; and upon a former trial of the cause the certificate was returned to the plaintiff. The charge of the court was the only subject of the errors assigned. Grier, president.
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ERROR to the district court, of Alleghany county. Thomas Kinhead against George Harger. Trover and conversion of a certificate of a revolutionary claim or pension of 80 dollars annually. The suit was instituted on the 1st of March 1834, when no part of the pension was due ; and upon a former trial of the cause the certificate was returned to the plaintiff. The charge of the court was the only subject of the errors assigned. Grier, president. “To entitle the plaintiff to recover, in thiscase, he must prove a demand and refusal of the paper in question, this being the only evidence of a…
1Per curiam
—There was certainly some evidence of conversion. The witness on whose testimony it rests proved that he had consented to demand the certificate in the plaintiff’s name ; and being the plaintiff’s agent for that, purpose, he was necessarily his agent to receive the defendant’s answers. What, matters it that he would not have been authorised to receive, had the defendant consented to deliver1? He might have delivered to the plaintiff in person had he been disposed to comply with the demand ; but his refusal to deliver at all, was a virtual waiver of objection that no one was present with…
2Cited by7 opinions
- Mowry v. WoodWisconsin Supreme Court · 1860
- Neiler & Warren v. KelleySupreme Court of Pennsylvania · 1871
- Learock v. PaxsonSupreme Court of Pennsylvania · 1904
- Garth v. EverettSupreme Court of Missouri · 1852
- Schusler v. ClarkSuperior Court of Pennsylvania · 1912
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