Son v. Gorsuch
Supreme Court of Pennsylvania
Appeal, No. 395, Jan. T., 1893, by defendant, James Gorsucb, from judgment of C. P. Blair Co., Jan. T., 1892, No. 86, on verdict for plaintiff, John Ludwig & Son. Assumpsit for goods sold and delivered. The facts appear by the opinion of the Supreme Court. The court charged in part as follows, by Landis, P- J.: “ The real defence here is that the defendant is released from liability on the bill and that the plaintiffs agreed to look to Thomas Imler for the payment of it.
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Appeal, No. 395, Jan. T., 1893, by defendant, James Gorsucb, from judgment of C. P. Blair Co., Jan. T., 1892, No. 86, on verdict for plaintiff, John Ludwig & Son. Assumpsit for goods sold and delivered. The facts appear by the opinion of the Supreme Court. The court charged in part as follows, by Landis, P- J.: “ The real defence here is that the defendant is released from liability on the bill and that the plaintiffs agreed to look to Thomas Imler for the payment of it. And that arrangement, it is alleged on the part of the defendant, was made by the agent of the plaintiffs, a man named…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
The learned president of the common pleas was clearly right in directing a verdict in favor of plaintiffs for the amount of their claim.
It is conceded that the goods, for the price of which this suit was brought, were ordered by and delivered to the defendant; and thus plaintiffs had a clear prima facie case, entitling them to a verdict, unless some valid defence was shown. The only defence that was attempted was a novation of the debt, by the substitution of a new debtor in place of defendant, with intent to release the latter. The contention was that…
2Cited by9 opinions
- Lewis v. MatiasSupreme Court of Pennsylvania · 1930
- C. D. Brown Co., Inc. v. Stand. H. Co.Supreme Court of Pennsylvania · 1930
- Beal & Simons v. Adams Express Co.Superior Court of Pennsylvania · 1900
- United States v. American Sales CorporationDistrict Court, S.D. Texas · 1928
- Gardiner v. D. P. S. Nichols Co.Superior Court of Pennsylvania · 1912
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