Appeal of Landmesser
Citations
- 126 Pa. 115
- 17 A. 543
- 1889 Pa. LEXIS 844
Syllabus
<p>1. A guardian is not to be surcharged with money to which his ward is entitled but which never came into the guardian’s hands, unless he has been guilty of gross negligence.</p> <p>(a) A guardian placed a claim in the hands of an attorney, at the time of good standing, for eollection. The attorney, having eolleetcd the money and embezzled it, gave the guardian his judgment, note for the amount, which proved worthless by reason of the mater’s insolvency.</p> <p>2. Tn such ease, the fact that the guardian declined to incur costs in a fruitless effort to enforce payment of the note by ordinary process, or to apply to the court for a rule on the attorney, or to institute a criminal prosecution against him, was not such negligence as would warrant a surcharge of the amount of the note.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- describing differences between the date of execution of administrative determinations and the date of mailing as \a fact of public office life\
- describing differences between the date of execution of administrative determinations and the date of mailing as “a fact of public office life”
Source: CourtListener parenthetical corpus (CC0).
Judges: Clark, Ctjeiam, Green, Mitchell, Paxson, Sterrett
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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