Humbird v. Davis
Supreme Court of Pennsylvania
Appeal, No. 68, Oct. T., 1904, by defendants from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1901, No. 738, on verdict for plaintiffs in case of James S. Humbird et al. v. Edward J. Davis and W. E. Griffiths. Assumpsit for money had and received. Before Shaker, J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 68, Oct. T., 1904, by defendants from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1901, No. 738, on verdict for plaintiffs in case of James S. Humbird et al. v. Edward J. Davis and W. E. Griffiths. Assumpsit for money had and received. Before Shaker, J. The facts appear by the opinion of the Supreme Court. The defepdants presented the following points : 1. The plaintiffs have failed to show any right of action against the defendants or either of them, and the plaintiffs, therefore, are not entitled to recover in this action. Answer : Refused. [1] 2. That the plaintiffs have…
1Opinion of the Court
Opinion By
Mb.. Justice Mestbezat,
This is an action of assumpsit brought by the plaintiffs jointly against the two defendants who are sued jointly to recover a sum of money which the plaintiffs allege the defendants unlawfully and fraudulently obtained from them. The case was submitted to the jury and the verdict in favor of the plaintiffs must be regarded as establishing the alleged fraudulent acts on the part of the defendants, that they did realize a profit in the purchase of the mine of which none of the plaintiffs had any knowledge, and that the defendants were acting together in carrying…
2Cases cited6 opinions
- Emery v. ParrottMassachusetts Supreme Judicial Court · 1871
- Hindmarch v. HoffmanSupreme Court of Pennsylvania · 1889
- McIntire v. Westmoreland Coal Co.Supreme Court of Pennsylvania · 1888
- Simons v. Vulcan Oil & Mining Co.Supreme Court of Pennsylvania · 1869
- Yeaney v. KeckSupreme Court of Pennsylvania · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
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- Martin v. National Surety Corp.Supreme Court of Pennsylvania · 1970
- Glen Alden Corp. v. TomchickSuperior Court of Pennsylvania · 1957
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