Musselman v. Stoner
Supreme Court of Pennsylvania
Error to the Common Pleas of Lancaster county. This was an action of assumpsit by Eli K. Stoner against Henry Musselman, for the recovery of $100, on the following agreement :— “ Marietta, October 16th 1855. “ On the first day of April next, I promise to pay Eli K. Stoner one hundred dollars, or deliver to him the two black horses I received from him this day; for which he is to pay me four hundred dollars, and deliver up this agreement. “ Witness present, IT. Musselman.”
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Error to the Common Pleas of Lancaster county. This was an action of assumpsit by Eli K. Stoner against Henry Musselman, for the recovery of $100, on the following agreement :— “ Marietta, October 16th 1855. “ On the first day of April next, I promise to pay Eli K. Stoner one hundred dollars, or deliver to him the two black horses I received from him this day; for which he is to pay me four hundred dollars, and deliver up this agreement. “ Witness present, IT. Musselman.” “ Norman Hall. This transaction took place at the defendant’s office, in Marietta. Musselman had traded two horses with…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
Much of what we have said in Miller v. Fiehthorn is applicable here, and we need not repeat the discussion. The instrument on which this suit is brought certainly needs some explanation of the circumstances under which it was written, in order to put the court into a proper position for an intelligent intex-pretation and construction of it. The interpretation of what is written presents no difficulty; but the instrument is incomplete in not naming the place of delivery: how shall this be supplied ?
As neither statutes, nor other written…
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- Lobdell v. HopkinsNew York Supreme Court · 1826
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