Hindmarch v. Hoffman

Citations

• 127 Pa. 284
• 18 A. 14
• 1889 Pa. LEXIS 1113

Syllabus

<p>[To be reported.]</p> <p>(a) Savanaek stole from Hindmarcii, the plaintiff! a sum of money, $400 of which he deposited with Hoffman, the defendant, to be returned to him or upon his order. The defendant did not know of the theft or that the plaintiff claimed the money, until so notified by the plaintiff’s attorney, but after the notice he paid the money to the holder of an order from Savanaek.</p> <p>1. In such case, the duty of the defendant to hold the money for the plaintiff and, upon satisfactory proof of ownership, to pay it over to him, raised an implied promise so to do, and assumpsit for money had and received could be maintained.</p>