149 Pa. 207 | Pa. | 1892
Opinion by
This is an action of assumpsit brought to recover the price of goods sold and delivered to John W. Hathaway, the balance on an account for money deposited with him, and the balance on an account for money paid on his order to his use. It was thought by the learned judge of the court below that these balances were not recoverable in this action, but that resort must be had to account render or a bill in equity for their ascertainment and collection, and he instructed the jury accordingly. This is the ruling which the four specifications of error filed in the case require us to review. A brief statement of the controlling facts will materially contribute to a correct understanding of the question raised.
The appellant is a niece of John W. Hathaway, deceased, and in his lifetime was engaged in mercantile business at Carmichaels, in Greene county. He resided at that place and kept an account with a Pittsburgh bank, and, for her convenience, there being no bank at Carmichaels, it was arranged between them that when she wished to make deposits of money, checks and drafts, he should deposit them for her in his own name and to his own account, and when she wanted money to pay for goods, or for any purpose, he should draw checks or purchase drafts in favor of such person or persons as she might designate. In a book kept by him at her store, and called in this case “ the long book,” he entered all his transactions with the Pittsburgh bank, showing the dates and amounts of his deposits, and for whom they were made ; the dates and amounts of the checks drawn or purchased by him, in whose favor they were drawn, and to whom they were chargeable. In another book kept by him at the same place, and called here “ the little bank book,” he kept an account with the appellant, which contained and was limited to his deposits for her and his payments from them by her direction. These accounts show a balance in her favor of $1,280.46.
For his convenience he deposited some of his own money with her at the store, and she let him have money from time to time as he required it, and of these transactions a separate ac
The specifications of error are sustained.
Judgment reversed, and venire facias de novo awarded.