Reeside's v. Reeside
Supreme Court of Pennsylvania
Certificate from the Court at Nisi Prius. This was an action on the case hy Mary Reeside, executrix of James Reeside, deceased, against John E. Reeside, in which the plaintiff declared as follows : — • For that whereas, at, &c., the plaintiff as executrix had and was possessed of a’ large sum of money, to wit, the sum of $500,000 of the moneys and funds of the estate of said James Reeside, deceased, and said plaintiff, for the better and speedier settlement of said estate,…
Read the full summary
Certificate from the Court at Nisi Prius. This was an action on the case hy Mary Reeside, executrix of James Reeside, deceased, against John E. Reeside, in which the plaintiff declared as follows : — • For that whereas, at, &c., the plaintiff as executrix had and was possessed of a’ large sum of money, to wit, the sum of $500,000 of the moneys and funds of the estate of said James Reeside, deceased, and said plaintiff, for the better and speedier settlement of said estate, delivered and intrusted the said sum, to wit, at, &c., to the said John E. Reeside, to be employed by him to pay the…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
In theory, the declaration of the plaintiff is faultless. There is no doubt, where a duty arises out of an -implied undertaking to do an act requiring skill or fidelity, that a breach of the duty may be the subject of an action of assumpsit upon the implied promise, or of an action upon the special case for the tort: Arnold v. Zell, 2 Penn. 292; Hunt v. Wynn, 6 Watts 47; McCahan v. Hirst, 7 Id. 175; Todd v. Figley, Id. 542; McCall v. Forsyth, 4 W. & S. 179; Smith v. Seward, 3 Barr 342; Burnett v. Lynch, 5 B. & C. 609. The breach of duty and…
2Cases cited4 opinions
- M'Call v. ForsythSupreme Court of Pennsylvania · 1842
- Gillis v. M'KinneySupreme Court of Pennsylvania · 1843
- Hunt v. WynnSupreme Court of Pennsylvania · 1837
- Bredin v. DwenSupreme Court of Pennsylvania · 1833
3Cited by17 opinions
- Brown v. MooreCourt of Appeals for the Third Circuit · 1957
- Zell v. DunkleSupreme Court of Pennsylvania · 1893
- Davin v. DowlingWashington Supreme Court · 1927
- Graham v. CummingsSupreme Court of Pennsylvania · 1904
- Cowan v. NagelSuperior Court of Pennsylvania · 1925
12 more not listed; retrieve them via the Exa API.