Musgrave v. Beckendorff
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county. This was an action of assumpsit, by Daniil E. Beckendorff against Benjamin S. Musgrave, to October Term 1865. The suit was for fourteen bonds of Missouri State Stock of $1000 each, loaned on the 26th of March 1861, by the plaintiff to the defendant, to enable the defendant to raise money on them.. The defendant was to return the identical bonds within two years, and in the mean time to pay interest on them.
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Error to the Court of Common Pleas of Allegheny county. This was an action of assumpsit, by Daniil E. Beckendorff against Benjamin S. Musgrave, to October Term 1865. The suit was for fourteen bonds of Missouri State Stock of $1000 each, loaned on the 26th of March 1861, by the plaintiff to the defendant, to enable the defendant to raise money on them.. The defendant was to return the identical bonds within two years, and in the mean time to pay interest on them. The bonds were not returned. The proof was that the market price of these bonds had varied much from the time of the loan until the…
1Opinion of the Court
The opinion of the court was delivered, by
Read, J.
The question on this case is, what is the measure of damages on a loan of fourteen bonds of $1000, twelve of which were State of Missouri sixes, and two Hannibal and St. Joseph Railroad bonds, upon an agreement to return the identical bonds in two years, with interest. Baron Parke, a great authority, in Shaw v. Holland, 15 M. & W. 145, says: “ With respect to the amount of damages, I was at first disposed to think that this was like the case of an action for not replacing stock, in which the, measure of damages is the difference of price on…
2Cases cited1 opinion
- West v. PritchardSupreme Court of Connecticut · 1848
3Cited by3 opinions
- Gervis v. KaySupreme Court of Pennsylvania · 1928
- Jennings, Friedman & Stevens ex rel. Mercantile Trust Co. v. LoefflerSupreme Court of Pennsylvania · 1898
- Saridakis v. Ambridge Savings & Trust Co., Pennsylvania Court of Common Pleas, Beaver County1923