Stoudt v. Hine
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Berks county. This was an action on the ease, by Albert Hine against John Stoudt. The plaintiff declared in assumpsit for money had and received, and on the trial proved the facts which are set forth in the opinion of this court.
Read the full summary
ERROR to the Common Pleas of Berks county. This was an action on the ease, by Albert Hine against John Stoudt. The plaintiff declared in assumpsit for money had and received, and on the trial proved the facts which are set forth in the opinion of this court. Under the ruling of the court below (JONES, P. J.), there was a verdict and judgment in favour of the plaintiff; whereupon the defendant sued out this writ, assigning for error the instruction given to the jury as to the right of the plaintiff to recover under the evidence in the cause. The charge of the court was not filed on the trial,…
1Opinion of the Court
The opinion of the court was delivered,
by
Read, J.
This case is a very simple one: John Kallahan was a contractor on the Union Canal, under Rupp, Rockafellow & Co., and on the 20th of June 1856, gave John Stoudt a power of attorney to collect moneys due him on the twenty-third and eighteenth sections of the canal. Albert Hine was a creditor of Kallahan’s for $300 on one section, and $200 on the other. On the 18th of August, Stoudt drew from Rupp, Rockafellow & Co. some seventeen hundred dollars of Kallahan’s money, and put it in bank, and on the same day Stoudt & Hine went to see Kalla-han, who…
2Cases cited1 opinion
- Delaware & Hudson Canal Co. v. Westchester County BankNew York Supreme Court · 1847
3Cited by9 opinions
- Delp v. Bartholomay Brewing Co.Supreme Court of Pennsylvania · 1888
- McSorley v. CoyleSuperior Court of Pennsylvania · 1909
- Washington Steel Form Co. v. North City Trust Co.Supreme Court of Pennsylvania · 1932
- Howes v. McCreaSuperior Court of Pennsylvania · 1902
- Buckwalter Stove Co. v. Central Trust & Savings Co.Superior Court of Pennsylvania · 1913
4 more not listed; retrieve them via the Exa API.