Marks v. Barker
U.S. Circuit Court for the District of Pennsylvania
Action of indebitatus assumpsit, for money had and received to use of bankrupts, and goods sold and- delivered by them. Plea, non assumpsit, and notice to offset.
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Action of indebitatus assumpsit, for money had and received to use of bankrupts, and goods sold and- delivered by them. Plea, non assumpsit, and notice to offset. The case was — Anthony & Pleasants, having shipped a cargo of tobacco and flour to John Waring, in Bristol, and intending to ship more; drew bills, as they were permitted to do, on Waring, for two-tbirds the cost of those cargoes; which they got the defendants in Philadelphia, to endorse, and negotiate for them on the usual commission. One of the bills having returned protested; and, the defendants [Barker & Ansley,] entertaining…
1Opinion of the CourtWashington, Circuit Justice
(after stating the facts, charged the jury). It is perfectly immaterial to this cause, whether the agreement of the 1st of April be such as the defendants contend it was, or such as is proved by Anthony; for except as to the time, at which Anthony & Pleasants were to be at liberty to draw, which is quite unimportant to the question in this cause, the two contracts are substantially the same; the declaration, which Anthony says was made by the defendants, that they would not appropriate the cargoes to be sent to them towards the European bills, was only expressing what necessarily resulted…
2Cited by3 opinions
- Morgan v. WordellMassachusetts Supreme Judicial Court · 1901
- Half Moon Fruit & Produce Co. v. FloydCourt of Appeals for the Ninth Circuit · 1932
- Clifford v. Oak Valley Mills Co.District Court, D. Massachusetts · 1916