Downey v. Garard
Supreme Court of Pennsylvania
ERROR to tke Common Pleas of G-reene county. This action was brought 27th December, 1850, by Jonathan Garard, assignee of John Clymer, against R. W. Downey, for refusing to transfer ten shares of the stock of the Farmers’ and Drovers’ Bank of Waynesburg, claimed by the plaintiff. In 1844 Clymer held two judgments against Lot Lantz, amounting to about $ 150, and Downey was his attorney to collect them.
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ERROR to tke Common Pleas of G-reene county. This action was brought 27th December, 1850, by Jonathan Garard, assignee of John Clymer, against R. W. Downey, for refusing to transfer ten shares of the stock of the Farmers’ and Drovers’ Bank of Waynesburg, claimed by the plaintiff. In 1844 Clymer held two judgments against Lot Lantz, amounting to about $ 150, and Downey was his attorney to collect them. He issued execution attachments, and the above-mentioned bank-stock was sold thereon, and purchased by Downey for $22, and tons-ferred to bim on the books of the bank in March, 1844. At the time…
1Opinion of the Court
The opinion of the Court was delivered by
Lowrie, J.
We regard the amendment as having been properly allowed. The statutes of 1846 and 1852 are certainly broad enough, especially under the liberal construction to which, as remedial statutes, they are entitled, to cover such professional blunders, and there are many decisions and other statutes speaking the same language: Act 24th March, 1818, s. 7: Brightly’s Purdon 19, § 2; 13 State Rep. 60; 14 Id. 69; 11 Id. 147; 6 Id. 377; 6 W. & S. 46.
Our next question is, in a case where an attorney, on a process issued by him for his client, purchases…
2Cases cited8 opinions
- WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
- Stafford v. RichardsonNew York Supreme Court · 1836
- Finney v. CochranSupreme Court of Pennsylvania · 1841
- Lyon v. MarclaySupreme Court of Pennsylvania · 1832
- Kinney's executors v. McClureSupreme Court of Virginia · 1823
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Scranton Gas & Water Co. v. Lackawanna Iron & Coal Co.Supreme Court of Pennsylvania · 1895
- Guarantee Trust & Safe Deposit Co. v. Farmers & Mechanics National BankSupreme Court of Pennsylvania · 1902
- H. A. Caesar & Co. v. Banks Bros., Pennsylvania Court of Common Pleas, Philadelphia County1926