Jackson v. Tilghman
Pennsylvania Court of Common Pleas, Philadelphia County
THIS was an action brought by the plaintiff as surviving partner of the firm of Blount & Jackson, against the defendant, as an attorney at law, for negligence. The declaration is in assumpsit, founded on a retainer by Blount & Jackson of the defendant to bring, prosecute and conduct an action of trespass on the case, &c., on their behalf, against Snowden & Wagner of the city of Philadelphia.
Read the full summary
THIS was an action brought by the plaintiff as surviving partner of the firm of Blount & Jackson, against the defendant, as an attorney at law, for negligence. The declaration is in assumpsit, founded on a retainer by Blount & Jackson of the defendant to bring, prosecute and conduct an action of trespass on the case, &c., on their behalf, against Snowden & Wagner of the city of Philadelphia. On the trial, it appeared that John Baillie, of Plymouth, North Carolina, had shipped a quantity of turpentine to Davit! Ware of Philadelphia, who dying before or about the time of its arrival, it was…
1Opinion of the Court
The opinion of the Court was delivered by
Stroud, J.
The counsel for the defendant requested the court to charge the jury on six points, but of (líese, the argument before us has rendered it unnecessary to notice more than the two following:
1, That if at the time the papers were deposited with Mr Tilgh-man, the interest in the claim against Snowden & Wagner had passed from Blount & Jackson to Hymar, or any other person, this action in the name of Jackson, as surviving partner of Blount, cannot be sustained ; the omission to sue having been to the injury of the party interested,
2. That the order…
2Cases cited4 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Gunn v. CantineNew York Supreme Court · 1813
- Sharpless v. WelshSupreme Court of the United States · 1803
- M'Coy v. LightnerSupreme Court of Pennsylvania · 1834