Legal Opinion

Union Storage Co. ex rel. Liverpool & London & Globe Insurance v. Speck

Supreme Court of Pennsylvania

Decided December 30, 1899No. Appeal, No. 111PublishedCited by 40 opinions

Appeal, No. 111, Oct. T., 1899, by defendant, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1898, No. 448, on verdict for plaintiff. Assumpsit to recover storage charges on whisky. Before McClung, J. At the trial it appeared that the warehouse receipts contained the following stipulation, “ Storage and charges payable every six months from date.” J. McF.

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Appeal, No. 111, Oct. T., 1899, by defendant, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1898, No. 448, on verdict for plaintiff. Assumpsit to recover storage charges on whisky. Before McClung, J. At the trial it appeared that the warehouse receipts contained the following stipulation, “ Storage and charges payable every six months from date.” J. McF. Carpenter, of counsel for defendant, made the following offer: 1 propose to show by the defendant that at the time he made his agreement for the storage of the whisky subsequently stored with the defendant company, he had an agreement…

1Opinion of the Court

Opinion by

Mr. Chief Justice Sterrett,

This action was brought to recover $6,398.40, with interest, for storage charges on 4,670 barrels of whisky stored by the defendant with the plaintiff company “under and pursuant to an agreement entered into between it and the defendant, consisting of a letter or proposition of the plaintiff to the defendant dated the 16th day of December, 1895, .... and upon the plaintiff’s warehouse receipts which were issued upon a uniform blank or form,” as set forth in its statement of claim. To that statement are attached a copy of said letter, a copy or “ form ” of…

2Cases cited5 opinions

  1. Martin & Monroe v. BerensSupreme Court of Pennsylvania · 1871
  2. Irvin v. Irvin, Pennsylvania Court of Common Pleas, Clearfield County1891
  3. Wodock v. RobinsonSupreme Court of Pennsylvania · 1892
  4. Barnhart v. RiddleSupreme Court of Pennsylvania · 1857
  5. Lewis v. BrewsterSupreme Court of Pennsylvania · 1868

3Cited by40 opinions

  1. Gianni v. Russell Co., Inc.Supreme Court of Pennsylvania · 1924
  2. Blumenstock v. GibsonSuperior Court of Pennsylvania · 2002
  3. Speier v. MichelsonSupreme Court of Pennsylvania · 1931
  4. Grubb v. RockeySupreme Court of Pennsylvania · 1951
  5. Walker v. SaricksSupreme Court of Pennsylvania · 1948

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