Hutchinson v. Merchants' & Mechanics' Bank of Wheeling
Supreme Court of Pennsylvania
Error to the Common Pleas of Fayette county. This was an action of trover, brought in the court below, to September Term 1858, by The Merchants’ and Mechanics’ Bank of Wheeling against Elijah Hutchinson, for $7000, in the notes of the Bank, under the following circumstances : In September 1850, the Merchants’ and Mechanics’ Bank of Wheeling, intending to send $7000 to Cumberland, Maryland, put that sum up in packages, delivered them to John W. Sweeny, who put them in his…
Read the full summary
Error to the Common Pleas of Fayette county. This was an action of trover, brought in the court below, to September Term 1858, by The Merchants’ and Mechanics’ Bank of Wheeling against Elijah Hutchinson, for $7000, in the notes of the Bank, under the following circumstances : In September 1850, the Merchants’ and Mechanics’ Bank of Wheeling, intending to send $7000 to Cumberland, Maryland, put that sum up in packages, delivered them to John W. Sweeny, who put them in his trunk, which was then placed on the stagecoach running on the National Road between those places. On the 29th September…
1Opinion of the Court
The opinion of the court was delivered,
by Lowrie, C. J.
Trover, being the proper remedy for the wrongful conversion or appropriation of the property of another, undoubtedly includes appropriations by theft, as well as by fraud and trespass, unless there is some special rule of public policy that excludes them. There is none such ; but it has'often been held, for the sake of public justice, that the private action of trover is suspended until the public prosecution for the offence has been duly conducted and ended: Lofft 88, 601; 15 Q. B. 566; 2 Ad. & E. 495 ; 2 Car. & P. 41; 9 B. & C. 208.…
2Cited by11 opinions
- Commonwealth v. MalloySuperior Court of Pennsylvania · 1982
- Kroen v. Bedway Security Agency, Inc.Superior Court of Pennsylvania · 1993
- Hahn v. BealorSupreme Court of Pennsylvania · 1890
- V. J. R. Bar Corp. v. Commonwealth, Liquor Control BoardSupreme Court of Pennsylvania · 1978
- Bobereski, Adm. v. Ins. Co. of Pa.Superior Court of Pennsylvania · 1932
6 more not listed; retrieve them via the Exa API.