Legal Opinion

Williams v. Patterson

Superior Court of Pennsylvania

Decided February 26, 1909No. Appeal, No. 243PublishedCited by 1 opinion

Appeal, No. 243, Oct. T., 1907, by defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1906, No. 2,829, on verdict for plaintiff in case of Morris Williams v. Theodore Cuyler Patterson. Assumpsit for boarding a horse. Before Carr, J. The facts appear by the opinion of the Superior Court.

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Appeal, No. 243, Oct. T., 1907, by defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1906, No. 2,829, on verdict for plaintiff in case of Morris Williams v. Theodore Cuyler Patterson. Assumpsit for boarding a horse. Before Carr, J. The facts appear by the opinion of the Superior Court. The court charged in part as follows: [If you believe that Williams received the mare, intending to charge board and not knowing that Patterson believed it to be dead, and if you believe he sent the bills on July 1 and that Patterson had received them, of course, that would be a fact from which you…

1Opinion of the Court

Opinion by

Beaver, J.,

Plaintiff seeks, as set forth in his statement of claim, to recover from the defendant for the board of a brown mare from April 1, 1903, to April 1, 1906, at $12.00 per month. There is no allegation that there was- an express contract on the part of the defendant to pay the plaintiff for the board of this animal. The plaintiff’s statement shows the circumstances under which it was received by the plaintiff: “On April 1st, 1903, the plaintiff rented Erdenheim stock farm, Montgomery county, Pa., and purchased from John McCloskey estate the good will of the boarding business…

2Cases cited1 opinion

  1. Phœnix Brewing Co. v. WeissSuperior Court of Pennsylvania · 1903

3Cited by1 opinion

  1. Patterson v. WilliamsSuperior Court of Pennsylvania · 1913

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