Wetherill v. Neilson
Supreme Court of Pennsylvania
Error to the District Court, Philadelphia. This was an action of assumpsit, brought by Thomas Neilson against George D. Wetherill & Co., on a promissory note, of which the following is a copy. $933 . Philadelphia, July 20, 1850. Six months after date, we promise to pay to the order of Thomas Neilson, $933 without defalcation, value received, payable at the Bank of Northern Liberties. Geo.
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Error to the District Court, Philadelphia. This was an action of assumpsit, brought by Thomas Neilson against George D. Wetherill & Co., on a promissory note, of which the following is a copy. $933 . Philadelphia, July 20, 1850. Six months after date, we promise to pay to the order of Thomas Neilson, $933 without defalcation, value received, payable at the Bank of Northern Liberties. Geo. D. Wetherill & Co. The plea was payment with leave, &c., and notice of special matter was given. On the trial, after the note was given in evidence on the part of plaintiff, the defendant’s counsel gave in…
1Opinion of the Court
The opinion of the Court was delivered, by
Lowrie, J.
-There is no difference in principle between this case and the numerous ones referred to in the argument, all establishing the rule, that the purchaser takes the risk of the quality of the, article purchased, unless it be warranted or he be fraudulently misled as to it. If mere representations were to be *453treated as part of this contract, it is not easy to see why they should not be so as to all other contracts. And if they were, then the law would foster a spirit of litigation by encouraging every man, who is disappointed in the advantages…
2Cases cited1 opinion
- Snowden v. WarderSupreme Court of Pennsylvania · 1831
3Cited by7 opinions
- Mahaffey v. FergusonSupreme Court of Pennsylvania · 1893
- Michelin Tire Co. v. SchulzSupreme Court of Pennsylvania · 1928
- Remy, Schmidt & Pleissner v. HealyMichigan Supreme Court · 1910
- Silliman v. William Whitmer & SonsSuperior Court of Pennsylvania · 1899
- Emily W. Torpey v. Red Owl Stores, Inc.Court of Appeals for the Eighth Circuit · 1955
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