Charnley v. Dulles
Supreme Court of Pennsylvania
ERROR to the District Court of the city and county oí 'Philadelphia. This was an action of assumpsit, brought by Joseph H. Dulles against Charnley & Whelen, to recover the sum of $2224.76 with interest from the 21st May 1838, in which the plaintiff declared for money had and received to his use, and the defendants pleaded non assumpserunt.
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ERROR to the District Court of the city and county oí 'Philadelphia. This was an action of assumpsit, brought by Joseph H. Dulles against Charnley & Whelen, to recover the sum of $2224.76 with interest from the 21st May 1838, in which the plaintiff declared for money had and received to his use, and the defendants pleaded non assumpserunt. On the 21st May 1838, the plaintiff purchased from the defendants for $2224.76, a certificate of deposit of the Bank of the Mississippi and Alabama Railroad Company, which was in the following words. No. 38 Bank of the Mississippi and Alabama Railroad…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The decisions in this and other courts seem to have established the rule that a party selling as his own, personal property of which he is in possession, warrants the title to the thing sold; and that if, by reason of defect of title, nothing passes, the purchaser may recover back his money, though there be no fraud or warranty on the part of the vendor. This doctrine is held to apply to choses in action, as well as other descriptions of personal property; and therefore if one innocently sell or transfer for value a bank note, negotiable…
2Cases cited1 opinion
- Patterson v. PoindexterSupreme Court of Pennsylvania · 1843
3Cited by10 opinions
- People's Bank v. KurtzSupreme Court of Pennsylvania · 1882
- Gordon v. Fifth Ave. Bank of Pbg.Supreme Court of Pennsylvania · 1932
- Frazer v. D'InvilliersSupreme Court of Pennsylvania · 1845
- Koch v. HinkleSuperior Court of Pennsylvania · 1908
- Mann v. RaffertySuperior Court of Pennsylvania · 1930
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