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COLUMBIA CAS. CO. v. WESTMORELAND CO.

365 Pa. 271 (1950)

Columbia Casualty Company, Appellant, v. Westmoreland County.

Supreme Court of Pennsylvania.

June 26, 1950.

Attorney(s) appearing for the Case

Fred B. Trescher, with him James J. Burns, Jr. and Kunkle & Trescher, for appellant.

Jason Richardson, Special Counsel, with him Vincent E. Williams, County Solicitor, for appellee.

Before DREW, C.J., STERN, STEARNE and JONES, JJ.

OPINION BY MR. JUSTICE HORACE STERN, June 26, 1950:

In this action for money had and received plaintiff seeks to recover on either of two theories; the court below rejected both, — one of them, in our opinion, mistakenly.

Plaintiff's complaint alleges that C.C. Stewart, who was the tax collector for the County of Westmoreland, was short in his accounts with the county treasurer in the amount of approximately $9,000. Stewart died, and shortly thereafter...

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