Sargent v. Johns
Supreme Court of Pennsylvania
Appeal, No. 17, Jan. T.j 1903, by defendant, from judgment of C. P. Adams Co.., Jan. T., 1901, No. 70, on verdict for plaintiffs in case of Joseph B. Sargent et al., trading as Sargent & Company, v. S. L. Johns et al., trading as The L. M. Alleman Hardware Company. ’ Assumpsit to recover a debt alleged to have been assumed by the defendants.
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Appeal, No. 17, Jan. T.j 1903, by defendant, from judgment of C. P. Adams Co.., Jan. T., 1901, No. 70, on verdict for plaintiffs in case of Joseph B. Sargent et al., trading as Sargent & Company, v. S. L. Johns et al., trading as The L. M. Alleman Hardware Company. ’ Assumpsit to recover a debt alleged to have been assumed by the defendants. Before Swope, P. J. At the trial it appeared that the defendants in 1900, purchased from L. M. Alleman the latter’s entire stock of goods. Shortly thereafter the following advertisement, prepared by G. J. Benner, Esq., an attorney at law, was published in…
1Opinion of the Court
Opinion bt
Mr. Justice Mitchell,
There were two general grounds on which the defendants were claimed to be liable, first the actual assumption by them of the plaintiff’s claim against Alleman, and secondly an estoppel to deny such assumption by the published notice to Alleman’s creditors.
The first claim raised a question of fact which was properly left to the jury. Under the testimony it could not have been withdrawn from them.
The second question depends chiefly on the published advertisement in the names of the defendants of their purchase of the Alleman store, their taking possession of the…
2Cases cited3 opinions
- Adams v. KuehnSupreme Court of Pennsylvania · 1888
- Delp v. Bartholomay Brewing Co.Supreme Court of Pennsylvania · 1888
- Seip's EstateSupreme Court of Pennsylvania · 1894
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- Levy v. Senate of PennsylvaniaCommonwealth Court of Pennsylvania · 2011
- General Contract Purchase Corp. v. BitomskiSuperior Court of Pennsylvania · 1931
- Sweeney v. GreenSuperior Court of Pennsylvania · 1934
- Richter v. GoldbergSuperior Court of Pennsylvania · 1922
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