Legal Opinion

Briggs v. Large

Supreme Court of Pennsylvania

Decided July 1, 1858PublishedCited by 9 opinions

Error to the District Court of Philadelphia. This was an action of trover, by John Briggs & Go. against James Large and John Large, for five casks of madder, of the value of $1445.38. In the summer of 1856, A. S. Lippincott, a commission merchant, in Philadelphia, received on consignment from the plaintiffs below, 90 casks of madder. It was a regular part of his business, as a commission merchant, to receive madder on consignment.

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Error to the District Court of Philadelphia. This was an action of trover, by John Briggs & Go. against James Large and John Large, for five casks of madder, of the value of $1445.38. In the summer of 1856, A. S. Lippincott, a commission merchant, in Philadelphia, received on consignment from the plaintiffs below, 90 casks of madder. It was a regular part of his business, as a commission merchant, to receive madder on consignment. Not having a warehouse of his own, after applying at several places, he succeeded in obtaining storage for the madder with Robert B. Sellers & Co., in a warehouse…

1Opinion of the Court

The opinion of the court -was delivered by

Thompson, J.

— The learned judge of the District Court instructed the jury, that goods stored in a warehouse used for the storage of goods of others as well as those of the tenant, as in the case before the court, are not liable to distress for rent. In this he was fully sustained by our own cases of Brown v. Sims, 17 S. & R. 138, and Riddle v. Welden, 5 Watts 17; and by the current of English decisions on the point. This was substantially an answer to the plaintiffs’ first point.

He also charged “ That an omission to appraise and give notice of the…

2Cases cited2 opinions

  1. Baring v. PeirceSupreme Court of Pennsylvania · 1843
  2. Brown v. GraySupreme Court of Pennsylvania · 1836

3Cited by9 opinions

  1. Mortgage B. & L. Ass'n v. Van SciverSupreme Court of Pennsylvania · 1931
  2. Davis v. Davis, Pennsylvania Court of Common Pleas, Montour County1889
  3. Sookiasian v. Swift Co. Inc.Superior Court of Pennsylvania · 1930
  4. Manegold v. QuinnSuperior Court of Pennsylvania · 1911
  5. Harris v. ShawSuperior Court of Pennsylvania · 1901

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