Green v. Rick
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE BERKS COUNTY. No. 278 January Term 1888, Sup. Ct.; court below, No. 63 February Term 1887, C. P. On February 4, 1887, a summons in debt was issued in an action wherein John S. Rick, for use of Richard Wenrich, executor of Magdalena Peiffer, deceased, was plaintiff, and Albert G. Green, Josbna Keely and Fannie A. Keely, his wife, were defendants.
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ERROR TO THE COURT OE COMMON PLEAS OE BERKS COUNTY. No. 278 January Term 1888, Sup. Ct.; court below, No. 63 February Term 1887, C. P. On February 4, 1887, a summons in debt was issued in an action wherein John S. Rick, for use of Richard Wenrich, executor of Magdalena Peiffer, deceased, was plaintiff, and Albert G. Green, Josbna Keely and Fannie A. Keely, his wife, were defendants. The declaration averred an indebtedness by the defendants on a bond dated April 1, 1881, conditioned for the payment of $1,100 to John S. Rich; that the money due thereon was the property of Magdalena Peiffer,…
1Opinion of the Court
Opinion,
Mr. Justice Clark :
In Rick’s App., 105 Pa. 528, it was distinctly held, that the deed of trust executed March 16, 1878, by Magdalena Peiffer to John S. Rick, was a mere instrument of agency, and was therefore revocable at pleasure; that the deed of July 6, 1881, [June 30 ?] and notice thereof on July 12 following, was in effect a complete cancellation of that conveyance, and that all rights arising under the trust thereby ceased. It is true, the deed contained no express power of revocation, but, as it was in the nature of a letter of attorney only, it might be revoked at will. The…
2Cases cited9 opinions
- Murray v. BallouNew York Court of Chancery · 1815
- Murray v. LylburnNew York Court of Chancery · 1817
- Rick's AppealSupreme Court of Pennsylvania · 1884
- Diamond v. Lawrence CountySupreme Court of Pennsylvania · 1861
- Hersey v. TurbettSupreme Court of Pennsylvania · 1856
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