Kirkpatrick v. M'Donald
Supreme Court of Pennsylvania
Appeal from the decree of the District Court of Allegheny, sitting in equity. Sept. 5. On the 5th August, 1847, the following bill was filed, and subpoena awarded, returnable on the first Monday in September following:— “ District Court of Allegheny County, on the equity side of court.
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Appeal from the decree of the District Court of Allegheny, sitting in equity. Sept. 5. On the 5th August, 1847, the following bill was filed, and subpoena awarded, returnable on the first Monday in September following:— “ District Court of Allegheny County, on the equity side of court. “ George Kirkpatrick, of the city of Pittsburgh, brings this his bill of. complaint againt James Burnside, John Aiken, William John Burnside, and James M’Donald, executor of the last will of Wm. Brown, late of Robinson township, deceased, all of the county of Allegheny, and within the jurisdiction of this…
1Opinion of the Court
The opinion of this court was delivered by
Bell, J.
The view taken by the learned judge who dismissed the plaintiff’s bill is, that the arrangement between Burnside and Aiken was at best but an equitable transfer of a chose in action, sounding in damages for a breach of covenant, which was substantially defeated by the conveyance of Brown’s executors to the younger Burnside in execution of the original contract of sale, or, at the utmost, leaving to the plaintiff but the right to sue Aiken at law for the breach of his engagement to prosecute the action of covenant for the joint benefit of…
2Cases cited2 opinions
- Finney v. CochranSupreme Court of Pennsylvania · 1841
- Pierce v. M'KeehanSupreme Court of Pennsylvania · 1842
3Cited by12 opinions
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