Rhines v. Evans
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Jefferson county: No. 127, to October and November Term 1870. This was an action of assumpsit by the administrators of A. S. Rhines, deceased, against J. B. Evans, commenced July 27th 1865. The cause of action was. the neglect of the defendant in not using due diligence to collect a note placed in his hands for collection. The pleas were, the general issue and the Statute of Limitations.
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Error to the Court of Common Pleas of Jefferson county: No. 127, to October and November Term 1870. This was an action of assumpsit by the administrators of A. S. Rhines, deceased, against J. B. Evans, commenced July 27th 1865. The cause of action was. the neglect of the defendant in not using due diligence to collect a note placed in his hands for collection. The pleas were, the general issue and the Statute of Limitations. The case was tried December 18th 1869 before Campbell, P. J. The plaintiffs gave in evidence the following receipt:— “ $365. Brookville, February 10th 1858. “Rec’d for…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1871, by
Agnew, J.
— On the 10th of February 1858, J. B, Evans, Esq., gave his receipt to A. S. Rhines for a due-bill on Lukins & Bee-*194son, of Rochester, Pa., dated October 30th 1857, for $865, for collection. Evans is called attorney in the paper-book; but whether he is an attorney at law does not appear, and is perhaps not very material: Campbell v. Boggs, 12 Wright 524. So far as we learn from the paper-book, nothing whatever appears to have been done by Evans toward the collection of the money. It appears, however, from the testimony of…
2Cited by16 opinions
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