N. Holmes & Sons v. Briggs & Drum
Supreme Court of Pennsylvania
APPEAL BY DEPENDANTS EROM THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 227 October Term 1889, Sup. Ct.; court below, No. 287 September Term 1885, C. P. No. 1. On July 2, 1885, John G. Holmes and others, partners doing business as N. Holmes & Sons, brought assumpsit against C. Q. Briggs and John Drum, partners as Briggs & Drum, to recover the amount of a draft drawn upon tbe defendants by Alexander & Co. At tbe trial, on March 31, 1887, the jury under the…
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APPEAL BY DEPENDANTS EROM THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 227 October Term 1889, Sup. Ct.; court below, No. 287 September Term 1885, C. P. No. 1. On July 2, 1885, John G. Holmes and others, partners doing business as N. Holmes & Sons, brought assumpsit against C. Q. Briggs and John Drum, partners as Briggs & Drum, to recover the amount of a draft drawn upon tbe defendants by Alexander & Co. At tbe trial, on March 31, 1887, the jury under the peremptory instructions of tlie court rendered a verdict for the plaintiffs, and judgment was entered thereon. Upon a writ of…
1Opinion of the Court
Opinion,
Mr. Justice Stebbett:
When this case was here before, the judgment was reversed and a new venire ordered, solely because the learned president of the Common Pleas refused to submit to the jury the question, whether the cashier’s check was received as absolute payment of the Alexander & Co. draft, and directed them to find for plaintiffs. The facts sufficiently appear in the case as reported in 118 Pa. 283. On the last trial the question referred to was fairly submitted to the jury, and they, in effect, found that the check was accepted, not as absolute but as conditional payment of the…
2Cases cited5 opinions
- Brown v. ScottSupreme Court of Pennsylvania · 1865
- Hunter v. MoulSupreme Court of Pennsylvania · 1881
- Briggs & Drum v. N. Holmes & SonsSupreme Court of Pennsylvania · 1888
- League v. Waring & Co.Supreme Court of Pennsylvania · 1877
- McIntyre v. Kennedy, Childs & Co.Supreme Court of Pennsylvania · 1857
3Cited by20 opinions
- First Pennsylvania Bank, N. A. v. TriesterSuperior Court of Pennsylvania · 1977
- Philadelphia v. StewartSupreme Court of Pennsylvania · 1900
- Dille v. WhiteSupreme Court of Iowa · 1906
- Union Electric Steel Co. v. Imperial BankCourt of Appeals for the Third Circuit · 1923
- Shepherd v. BuschSupreme Court of Pennsylvania · 1893
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