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Ralston Assignee versus Bell, 1796 — 2 U.S. 242 · caselaw · US
Bankruptcy
Ralston Assignee versus Bell
2 U.S. 2422 Dall. 242·Supreme Court of Pennsylvania·1796·PA
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Opinion
March Term, 1796.
Ralston Assignee versus Bell.
THIS was an action for money had and received, &c. brought by Ralston, as assignee of Dewhurst, a bankrupt, against the defendant, who had sold goods of the bankrupt, by virtue of an authority from him ; but, it appeared in evidence, that no money had been received by the defendant, at the time of commencing the action.
The counsel for the defendant (Ingersoll, Lewis & Dallas)
objected, that, on this evidence, the present action could not be maintained.
The counsel for the plaintiff (Rawle & Wilcocks)
after some remarks, and citing Doug. 132, submitted to the decided inclination of the Court, and suffered A Non-suit.