Hindmarch v. Hoffman
Supreme Court of Pennsylvania
EEBOE TO THE COUNT OE COMMON PLEAS OE ERIE COUNTY. No. 113 January Term 1889, Sup. Ct.; court below, No. 198 February Term 1887, C. P. On March 2, 1887, a declaration in the common counts was filed in an action of assumpsit brought by William H. Hind-march against Edward Hoffman, claiming the sum of 1400. The defendant pleaded non-assumpsit, with leave, etc.
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EEBOE TO THE COUNT OE COMMON PLEAS OE ERIE COUNTY. No. 113 January Term 1889, Sup. Ct.; court below, No. 198 February Term 1887, C. P. On March 2, 1887, a declaration in the common counts was filed in an action of assumpsit brought by William H. Hind-march against Edward Hoffman, claiming the sum of 1400. The defendant pleaded non-assumpsit, with leave, etc. By agreement in writing, the cause was submitted to the decision of the court, without a jury, under the act of April 22, 1874, P. L. 109, and on February 22, 1888, the court, Gunnison, P. J., filed the following decision : BINDINGS OE…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett:
This case having been submitted for trial, without a jury, according to the provisions of the act of April 22, 1874, P. L. 109, the learned president of the Common Pleas found the facts substantially as follows :
On the morning of October 10,1885, Richard Savanack stole from plaintiff, in Buffalo, N. Y., a large sum of money, four hundred dollars of which he afterwards, on the same day, deposited with defendant, to be returned to him or upon his order. When defendant received the money, he was ignorant of the fact that it had been stolen from plaintiff by Savanack,…
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