Hyatt v. Johnston
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 211. Assumpsit by Thaddeus Hyatt, on a book-account and accepted draft, against Ross Johnston, impleaded with E. K. Chamberlin and S. Crawford.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1879, No. 211. Assumpsit by Thaddeus Hyatt, on a book-account and accepted draft, against Ross Johnston, impleaded with E. K. Chamberlin and S. Crawford. At the trial it appeared that Thaddeus Hyatt, who carried on business in the city of New York through an agent, Theodore Hyatt, sold and delivered, in the fall of 1872 and up to January 11th 1873, a bill of merchandise amounting to some $4000, to the firm of Crawford, Chamberlin & Co., of Chicago, of which Ross Johnston, the defendant, was then a…
1Opinion of the CourtJustice Sterrett
While it was conceded 'by the defendant that the first firm of CraAvford, Chamberlin & Co., of Avhich he was a member, was indebted to plaintiff for merchandise, .in a larger sum than that claimed in this suit, it was contended that acceptances of the second firm Avere taken by the plaintiff, in absolute payment of that indebtedness, and the defendant was thus released therefrom. The plaintiff, therefore, had a clear prima facie case, and the burden was on the defendant of proving that the draft in suit was the acceptance of the second firm, and that it was received by the plaintiff in…
2Cited by9 opinions
- McKnight v. BellSupreme Court of Pennsylvania · 1890
- Baldus v. JeremiasSupreme Court of Pennsylvania · 1929
- Burke v. BurkeSupreme Court of Pennsylvania · 1913
- Shinzel v. Bell Telephone Co.Superior Court of Pennsylvania · 1906
- Milton Weaving Co. v. Northumberland County Gas & Electric Co.Supreme Court of Pennsylvania · 1915
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