Public-domain · open source
OpenJurist

3 Walker 203

Logan & Preston's Appeal

Supreme Court of Pennsylvania

Decided January 15, 1880

Supreme Court of Pennsylvania · decided 1880-01-15

2 of Philadelphia County. In Equity. ' Logan and Preston sold a quantity of corn to Smith, Howell & Co, for $24,000. At one o’clock, Sept. 22nd, 1879, the clerk of Logan & Preston delivered the shipping receipts to Smith, Ilowell & Co., and received their check for §20,571.43 on the Commercial Bank and immediately deposited it for collection.

Bill dismissed · Decided 1880-01-15

¶1The Supreme Court affirmed the decree of the Common Pleas on February 21st, 1881, in the following opinion,

Per Curiam :

¶2We affirm this decree upon the able and exhaustive opinion of the learned judge of the Court, below. No point was made there or here as to the jurisdiction of a Court of Equity. If, as the plaintiffs contend, the proceeds of the sale by Smith, Howell & Co. were their property and could be identified and followed, then it would seem that the plaintiffs had an adequate remedy at law in an action of assumpsit for money had and received. We express no opinion, but mention it that it may *210not be inferred that we mean to uphold the jurisdiction in ■such a case.

¶3Decree affirmed and appeal dismissed at the costs of the appellant. ......

/3/walker/203 · .json · Public domain