Welsh v. Speakman
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Chester county, where a judgment was rendered for the defendants below, the defendants in error. This was an action of assumpsit, brought by Welsh, Longenecker & Co. against the executors of William Speakman, Senior, deceased, for goods sold and delivered to the testator and William Speakman, Junior, trading under the firm of William Speakman & Son. The declaration averred the insolvency of William Speakman, Jun.
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ERROR to the Common Pleas of Chester county, where a judgment was rendered for the defendants below, the defendants in error. This was an action of assumpsit, brought by Welsh, Longenecker & Co. against the executors of William Speakman, Senior, deceased, for goods sold and delivered to the testator and William Speakman, Junior, trading under the firm of William Speakman & Son. The declaration averred the insolvency of William Speakman, Jun. The defendants pleaded the general issue. The main question, on the trial, was whether William Speakman, Sen., was connected in partnership with his son,…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This is an action of assumpsit for goods sold and delivered to William Speakman and William Speakman, Jun., trading under the firm of William Speakman & Son. The declaration sets out the cause of action, avers the insolvency of William Speakman, Jun., and the death of William Speakman, Sen. The suit is brought to recover the amount due from the executors of William Speakman, Sen. The defendants pleaded the general issue, and on the trial the cause turned on two points; first, the insolvency of William Speakman, Jun., and secondly, the…
2Cases cited1 opinion
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