Fleming v. Culbert
Supreme Court of Pennsylvania
Error to the District Court for the city and county of Philadelphia. V "• " '■ This was an action of assumpsit, brought by Thomas E. Culbert, administrator of Samuel Fleming, deceased, to recover the distributive share coming to his intestate from the estate of a deceased brother, Robert Fleming, which had been collected by William Fleming, - another brother, and the defendant in the court below.
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Error to the District Court for the city and county of Philadelphia. V "• " '■ This was an action of assumpsit, brought by Thomas E. Culbert, administrator of Samuel Fleming, deceased, to recover the distributive share coming to his intestate from the estate of a deceased brother, Robert Fleming, which had been collected by William Fleming, - another brother, and the defendant in the court below. Robert died in 1852. Samuel lived and died in Ireland, without ever visiting this country. Under a power of attorney William, the defendant below, received Samuel’s share about November 3d 1853, with…
1Opinion of the Court
The opinion of the court was delivered, March 10th 1864, by
Woodward, C. J.
In the case of Glenn v. Cuttle, 2 Grant’s Cases 273, it was held that the neglect of an attorney in fact to pay over the money of his principal within a reasonable time after its collection, was a breach of duty for which an action would lie without previous demand, and that the Statute of Limitations begins to run against the principal from the time his right of action accrues. But if there be fraudulent concealment on the part of the attorney, as, for example, if he give false or evasive answers to the inquiries of…
2Cases cited2 opinions
- Geddis v. HawkSupreme Court of Pennsylvania · 1832
- Glenn v. CuttleSupreme Court of Pennsylvania · 1854
3Cited by11 opinions
- Wilson v. El-DaiefSupreme Court of Pennsylvania · 2009
- Anthony v. Koppers Co., Inc.Superior Court of Pennsylvania · 1980
- Smith v. BlachleySupreme Court of Pennsylvania · 1901
- Bowman v. AbramsonDistrict Court, E.D. Pennsylvania · 1982
- Hostetter v. HollingerSupreme Court of Pennsylvania · 1888
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