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10 Sadler 600

Humes v. Dottermus

Supreme Court of Pennsylvania

Decided March 19, 1888

Supreme Court of Pennsylvania · decided 1888-03-19

January Term, 1887, No. 27, E. D., Error to the Common Pleas of Chester County to review a judgment ■in favor of the plaintiff, in an action of covenant. This action was brought by Augustus Dottermus against David P. Humes, to recover a part of a fund which, the defendant had received on a fire insurance policy which covered certain tobacco owned in common by the parties.

Affirmed · Decided 1888-03-19

Pee Curiam :

¶1The only question of any moment, in this case, was as to the amount of money which Humes received from the insurance company on account of the tobacco, and that was properly referred to the jury. It is certainly a very plain proposition that if Humes received the whole price of the tobacco, he got the pro^ ceeds of that which belonged to Dottermus, as well as that which belonged to himself, and could not, therefore!, refuse to account for that which was owned by his co-owner.

¶2Judgment affirmed.

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