Girard Trust Co. v. Harrington
Superior Court of Pennsylvania
Appeal, No. 65, Oct. T., 1903, by defendant, from judgment of C. P. No. 3, Pliila. Co., Sept. T., 1900, No. 361, for plaintiff on ease tried by the court without a jury in suit of Girard Trust Company v. David C. Harrington. Assumpsit for money had and received. The case was tried without a jury by McMichael, J., under the act of April 22,1874. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 65, Oct. T., 1903, by defendant, from judgment of C. P. No. 3, Pliila. Co., Sept. T., 1900, No. 361, for plaintiff on ease tried by the court without a jury in suit of Girard Trust Company v. David C. Harrington. Assumpsit for money had and received. The case was tried without a jury by McMichael, J., under the act of April 22,1874. The facts are stated in the opinion of the Superior Court. Error assigned was in entering judgment for plaintiff for $184.79. As attorney defendant had the right to collect the $250. It was part of the identical award he had secured for his client:…
1Opinion of the Court
Opinion by
Morrison, J.,
This was an action of assumpsit brought by the plaintiff to recover back from the defendant money alleged to have been paid to him upon a mistake of fact. The parties, by writing filed, dispensed with a jury trial and submitted the case to the determination of a judge of the court below. The pivotal poiuts in the case are two: 1. Was the money claimed in the suit paid to the defendant upon a mistake of fact ? 2. Had the defendant’s relation to this fund as attorney for A. H. Weir and Mrs. A. E. Weir, his wife, ceased before the money was paid to the defendant by the…
2Cases cited2 opinions
- Lawrence v. . American National BankNew York Court of Appeals · 1873
- Haven v. FosterMassachusetts Supreme Judicial Court · 1829
3Cited by11 opinions
- Kunkel v. KunkelSupreme Court of Pennsylvania · 1920
- Greenwich Bank v. Commercial Banking Corp.Superior Court of Pennsylvania · 1924
- Allegheny County Light Co. v. ThomaSuperior Court of Pennsylvania · 1906
- Lowe v. Wells Fargo & Co.Supreme Court of Kansas · 1908
- Foster v. Federal Reserve Bank of PhiladelphiaCourt of Appeals for the Third Circuit · 1940
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