Tanner v. Hughes
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Grreene county. ■ This was an action of assumpsit by James P. Tanner against James Hughes and William M. Kincaid, trading as Hughes & Kincaid, to recover the amount of a bill of goods sold to the defendants by the plaintiff. The plaintiff was a merchant in Pittsburgh and the defendants merchants at Windridge, Greene county.
Read the full summary
Error to the Court of Common Pleas of Grreene county. ■ This was an action of assumpsit by James P. Tanner against James Hughes and William M. Kincaid, trading as Hughes & Kincaid, to recover the amount of a bill of goods sold to the defendants by the plaintiff. The plaintiff was a merchant in Pittsburgh and the defendants merchants at Windridge, Greene county. On the 11th of October the plaintiff sold to the defendants a bill of goods amounting to $582.30, on four months’ credit. At the time of the sale it was arranged that the invoice of the goods together with a note for the signature of…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
The learned judge in the court below fell into an error in affirming the 1st point of the defendants that the law presumes a note mailed to the plaintiff at a place where he usually receives his letters and transacts his business, was received by him by due course of mail. A strong probability of its receipt may arise, and as a fact, in connection with the other circumstances, it was right to refer it to the jury. But in their hands it became not a legal presumption binding on them as a rule of law but only a natural probability, as it is…
2Cases cited2 opinions
- Jones v. LewisSupreme Court of Pennsylvania · 1844
- Kramer v. M'DowellSupreme Court of Pennsylvania · 1844
3Cited by12 opinions
- Watkins v. Prudential InsuranceSupreme Court of Pennsylvania · 1934
- Commonwealth v. TurnerSupreme Court of Pennsylvania · 1974
- Wallace v. HoytCourt of Appeals of Texas · 1920
- Yandrich v. RadicSuperior Court of Pennsylvania · 1981
- Fanning v. Equitable Life Assurance SocietySupreme Court of Pennsylvania · 1919
7 more not listed; retrieve them via the Exa API.