Rhines v. Evans

Citations

• 66 Pa. 192

Syllabus

<p>1. In an action against an attorney for neglect to collect, the statute begins to run from the time the attorney first became liable.</p> <p>2. An attorney gave a receipt for a note “ for collection,” the Statute of Limitation did not begin to run in his favor from the date of the note, but from a reasonable time afterwards for beginning proceedings.</p> <p>3. In the absence of peremptory instructions, the attorney is allowed a reasonable discretion.</p> <p>4. What is reasonable most frequently depends upon circumstances and then is for the jury.</p> <p>5. Where the duty is immediate, the right of action arises and the statute begins to run from the attorney’s receipt of the money.</p> <p>6. Suit for neglect in not commencing proceedings was brought against an attorney seven years and five months after a note had been placed in his hands for collection. Held, as matter of law, that the statute was a bar.</p> <p>7. Morrison v. Mullin, 10 Casey 17, Livingston v. Cox, 6 Barr 360, McDowell v. Potter, 8 Id. 189, remarked on.</p>