Atkins v. Payne
Supreme Court of Pennsylvania
Appeal, No. 238, Jan. T., 1900, by defendants, from judgment of C. P. No. 1, Phila. Co., June T., 1897, No. 74, on verdict for plaintiffs in case of William Atkins and S. B. Briscoe, Receivers of the Pottsville Iron & Steel Company, v. George F. Payne and Charles G. Wetter, Copartners, trading as George F. Payne & Company. Assumpsit on a contract of guaranty.
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Appeal, No. 238, Jan. T., 1900, by defendants, from judgment of C. P. No. 1, Phila. Co., June T., 1897, No. 74, on verdict for plaintiffs in case of William Atkins and S. B. Briscoe, Receivers of the Pottsville Iron & Steel Company, v. George F. Payne and Charles G. Wetter, Copartners, trading as George F. Payne & Company. Assumpsit on a contract of guaranty. Before Beitler, J. From the record it appeared that plaintiffs claimed to recover $2,881.22, being a balance on account of structural iron and steel sold to Barton L. Keen & Company. It appeared that defendants had a contract to erect…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
Payne & Company, the appellant, entered into a contract to erect a building, and Keen contracted with them to furnish and set up the structural iron and steel wort. Keen bought the iron and steel of the receivers of the Pottsville Iron & Steel Company, and Payne & Company guaranteed payment by him. This action was on the guarantee. The ground of defense was that the receivers, for the purpose of enabling Keen to obtain payments on account from Payne & Company, had given him receipts for payments to them which were in excess of the» amount actually received, and that…
2Cases cited1 opinion
- Atkins v. PayneSupreme Court of Pennsylvania · 1899
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