Barr v. Myers
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Cumberland county. This was an action of debt by J. J. Myers and Jacob Squier, endorsees of Thomas Underwood, against William Barr, James Hannan, William Woodburn, and Samuel Hinkley, in which the plaintiffs declared upon a negotiable note of the defendants to Thomas Underwood, for $250, endorsed to plaintiffs before its maturity, which was given in evidence.
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ERROR to the Common Pleas of Cumberland county. This was an action of debt by J. J. Myers and Jacob Squier, endorsees of Thomas Underwood, against William Barr, James Hannan, William Woodburn, and Samuel Hinkley, in which the plaintiffs declared upon a negotiable note of the defendants to Thomas Underwood, for $250, endorsed to plaintiffs before its maturity, which was given in evidence. The defendants alleged that the consideration of the note was a sale of 2000 morus multicaulis trees by the plaintiffs to the defendants, and that Thomas Underwood was the mere agent of the plaintiffs in…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The only question in this case is, as to the place of delivery—whether the plaintiffs were in default in not taking the trees to the defendants, at Newville, their place of residence, on or before the 21st of November 1839, or whether it was sufficient that the plaintiffs had them, on that day, at their residence in Carlisle, ready to be delivered on the demand of the defendants. The rules that regulate the delivery of portable articles, which are contracted to be sold and delivered, vary according to the nature of the contract. If by the…
2Cases cited1 opinion
- Goodwin v. HolbrookNew York Supreme Court · 1830
3Cited by3 opinions
- Seligman v. BeecherSuperior Court of Pennsylvania · 1908
- Martin v. BushTennessee Supreme Court · 1858
- Phillips v. CooleySupreme Court of Iowa · 1850