Relf v. Bank of Mobile
Supreme Court of Pennsylvania
This ease came up from the Nisi Prius. It was an action on the case, in assumpsit, by the Bank of Mobile v. Charles P. Relf, upon a draft for $1851.73, dated February 13, 1849, drawn by C. C. Hazard on Relf, to the order of J. M. English, cashier, who endorsed it to the Bank of Mobile.
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This ease came up from the Nisi Prius. It was an action on the case, in assumpsit, by the Bank of Mobile v. Charles P. Relf, upon a draft for $1851.73, dated February 13, 1849, drawn by C. C. Hazard on Relf, to the order of J. M. English, cashier, who endorsed it to the Bank of Mobile. In the first count of the declaration it was alleged, that, in consideration that C. C. Hazard would purchase 50 bales of cotton for and on account of the hanlc, and would consign them to Relf, •the latter agreed to pay for them by accepting and paying such draft as Hazard might draw at sixty days after sight,…
1Opinion of the Court
The opinion of the Court was delivered, by
Woodward, J.
A creditor, who orders goods from his debtor, which the latter owns and has on hand to sell, is not bound to accept a draft in favor of a third party for the price of the goods, and may set off against the price the vendor’s indebtedness, on the ground of mutual dealings. But when a creditor sends his debtor into a distant market, as his agent, to purchase goods on his account, and the debtor executes the commission, the law implies a promise on the part of the creditor to pay the seller of the goods in the usual course of business, and he…
2Cited by2 opinions
- Strong v. City Nat. Bk. of Phila.Supreme Court of Pennsylvania · 1946
- Zidek v. West Penn Power Co.Superior Court of Pennsylvania · 1941