Tucker v. Bitting
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action of assumpsit by Lewis Bitting against Joseph Tucker, on an alleged promise by the defendant to pay the plaintiff for a lot of merchandise sold to one William W. Wright. On the trial, the only evidence given by the plaintiff was the testimony of William Samilton, who being swprn, testified as follows :— “ In August 1852,1 was introduced to Mr. Wright by Mr. Morrison.
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Error to the District Court of Philadelphia. This was an action of assumpsit by Lewis Bitting against Joseph Tucker, on an alleged promise by the defendant to pay the plaintiff for a lot of merchandise sold to one William W. Wright. On the trial, the only evidence given by the plaintiff was the testimony of William Samilton, who being swprn, testified as follows :— “ In August 1852,1 was introduced to Mr. Wright by Mr. Morrison. Mr. Wright called on me, at the Tontine House; he -wanted me to take charge of his house; I did so. Wright and myself went to look at the house; whilst there, Mr.…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J. —
The plaintiff brought this suit to compel Tucker to pay for a bill of liquors, sold and delivered by the plaintiff to Wright. The single witness to the contract describes it in these words: — “ Mr. Tucker took Mr. Wright to Bitting. I was along. Mr. Tucker introduced Mr. Wright to Mr. Bitting. They had some conversation. I did not. I heard Tucker say to Bitting, if he aint good, 1 am. The amount bought on that day was $550; delivered next day. I went to the Tontine House and got the goods. Mr. Wright set up the business, but did not…
2Cases cited2 opinions
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Slaymaker v. IrwinSupreme Court of Pennsylvania · 1839
3Cited by4 opinions
- Vernon D. Cox & Co., Inc. v. GilesSuperior Court of Pennsylvania · 1979
- Boyd v. Merchants & Farmers Peanut Co.Superior Court of Pennsylvania · 1904
- Nazareth Foundry & Machine Co. v. BeckSuperior Court of Pennsylvania · 1917
- Vernon D. Cox & Co., Inc. v. GilesSuperior Court of Pennsylvania · 1979