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BRUBAKER v. BERKS COUNTY

381 Pa. 157 (1955)

Brubaker v. Berks County, Appellant.

Supreme Court of Pennsylvania.

March 21, 1955.

Attorney(s) appearing for the Case

James W. Bertolet, with him Donald F. Spang, for County of Berks, appellant.

George B. Balmer, with him Cornelius C. Leary, Carl F. Mogel, and Snyder, Balmer & Kershner, for Fireman's Fund Indemnity Co., appellants.

Jean de B. Bertolet, with him Frederick J. Bertolet, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY and MUSMANNO, JJ.

OPINION BY MR. JUSTICE MUSMANNO, March 21, 1955:

In November and December, 1951, the plaintiff Riley J. Brubaker gave to Samuel N. Moyer two checks totaling $7,000 for the purchase of certain real estate. Mr. Moyer, who at the time was County Treasurer of Berks County, did not use the checks for the purpose intended by Brubaker but deposited them in his account as County Treasurer. When Moyer's term as Treasurer expired in January, 1952, a settlement of his accounts...

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