Abbott v. Mackinley
Pennsylvania Court of Common Pleas, Philadelphia County
THE case of William L. Abbott v. Edward Mackinley, was first tried before Stroud, J., and a jury. The declaration in this case was in assumpsit and contained five counts. 3, On a promissory note made by defendant, dated February 23, 1835, for G91 dollars 86 cents, at six months, payable to the order of Edward R. Myers, and by him endorsed and delivered to the plaintiff. 2, On a note of same date, sum, payee, &c. but laid to have been made by the defendant by the name of Mary…
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THE case of William L. Abbott v. Edward Mackinley, was first tried before Stroud, J., and a jury. The declaration in this case was in assumpsit and contained five counts. 3, On a promissory note made by defendant, dated February 23, 1835, for G91 dollars 86 cents, at six months, payable to the order of Edward R. Myers, and by him endorsed and delivered to the plaintiff. 2, On a note of same date, sum, payee, &c. but laid to have been made by the defendant by the name of Mary Mackinley—the remaining counts were, for money had and received—money lent and advanced, and account stated—plea, the…
1Opinion of the Court
Stroud, J.—
After recapitulating the evidence, I told the jury, (reserving the point,) that if they believed that this evidence established substantially (the foregoing statement,) they might infer, if they thought fit to do so, that the defendant knew that his wife was carrying on the business of buying and selling in the manner practised by her—that the business was, therefore, his business, carried on by his capital, (for the stock in goods on hand at the time of marriage, became at once his) and for his advantage; that his business name was Mary Mackinley; that she was merely his agent—and…
2Cases cited4 opinions
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
- Mackinley v. M'GregorSupreme Court of Pennsylvania · 1838
- Minard v. MeadNew York Supreme Court · 1831
- Tillier v. WhiteheadSupreme Court of the United States · 1788
3Cited by2 opinions
- Mackinley v. M'GregorSupreme Court of Pennsylvania · 1838
- Jenkins v. FlinnIndiana Supreme Court · 1871