Adams v. Palmer
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action of assumpsit on a book account, for goods sold and delivered, brought by the firm of Palmer, Thomas & Co. against David Adams.
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Error to the District Court of Philadelphia. This was an action of assumpsit on a book account, for goods sold and delivered, brought by the firm of Palmer, Thomas & Co. against David Adams. The plaintiffs below filed a copy of their book entries, containing various charges against the defendant for goods sold between the 29th of October 1855 and the 11th September 1856; various credits were allowed, and a balance was struck amounting to $272.35. The defendant filed an affidavit of defence in which he claimed a set-offi of $13.28, and tendered a judgment for the balance claimed, to wit,…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.,
who, after recapitulating the facts, continued:— When the usage of trade has fixed a period at which book accounts bear interest, this becomes the law of the purchase; and it is not necessary to demand it in the copy of the claim filed, for it is a substantive part of the indebtedness: Hummell v. Brown, 12 Harris 310. If a bargain, however, exists for interest at an earlier period than the usage would allow, or'if a special custom is relied on as giving it, then it must be set forth or added to the copy of claim, otherwise the plaintiff…
2Cases cited1 opinion
- Koons v. MillerSupreme Court of Pennsylvania · 1842
3Cited by4 opinions
- Harding, Whitman & Co. v. York Knitting MillsU.S. Circuit Court for the District of Middle Pennsylvania · 1905
- Kamber v. BeckerSuperior Court of Pennsylvania · 1905
- Long v. Long, Pennsylvania Court of Common Pleas, Somerset County1983
- Seaboard Construction Co. v. Curtis, Pennsylvania Court of Common Pleas, Philadelphia County1945