Legal Opinion

Maitland v. Martin

Supreme Court of Pennsylvania

Decided May 6, 1878PublishedCited by 7 opinions

Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term 1878, No. 102. Assumpsit by Caroline Martin against Camille DTnvilliers and John J. Maitland, trading as C. DTnvilliers & Co., to recover the value of certain bonds purchased by said firm as brokers. DTnvilliers died after suit brought, and it was afterwards proceeded with against Maitland alone. The facts are fully stated in the opinion of this court.

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Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term 1878, No. 102. Assumpsit by Caroline Martin against Camille DTnvilliers and John J. Maitland, trading as C. DTnvilliers & Co., to recover the value of certain bonds purchased by said firm as brokers. DTnvilliers died after suit brought, and it was afterwards proceeded with against Maitland alone. The facts are fully stated in the opinion of this court. At the trial, Pratt, J., charged the jury as follows : “ The plaintiff, a sister of Mr. Martin, places money in the hands of defendants, as brokers. Mr. Martin,…

1Opinion of the CourtJustice Mercur

This action was brought by the defendant in error for money had and received for her use. The money sought to be recovered came into the hands of the plaintiffs in error under the following circumstances : In August 1873, being brokers in the city of Philadelphia, they purchased for the defendant in error five South Carolina bonds, of the nominal value of $1000 each. She left the bonds in their possession. They were sealed up in an envelope, her name endorsed thereon, and deposited in the safe of the plaintiffs in error in the “Fidelity.” They thus remained until May 1875, when she instructed…

2Cases cited2 opinions

  1. Stocking v. SageSupreme Court of Connecticut · 1816
  2. D'Arcy v. LyleSupreme Court of Pennsylvania · 1813

3Cited by7 opinions

  1. Rogers' EstateSupreme Court of Pennsylvania · 1914
  2. Tustin Fruit Assn. v. Earl Fruit Co.California Supreme Court · 1898
  3. C. Clothier Jones v. AdamsSuperior Court of Pennsylvania · 1929
  4. Du Puy v. Crucible Steel Co. of AmericaDistrict Court, W.D. Pennsylvania · 1923
  5. Veltum v. KoehlerSupreme Court of Minnesota · 1901

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