Legal Opinion

Adams v. Palmer

Supreme Court of Pennsylvania

Decided July 1, 1858PublishedCited by 4 opinions

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.

Read the full summary

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

  1. Koons v. MillerSupreme Court of Pennsylvania · 1842

3Cited by4 opinions

  1. Harding, Whitman & Co. v. York Knitting MillsU.S. Circuit Court for the District of Middle Pennsylvania · 1905
  2. Kamber v. BeckerSuperior Court of Pennsylvania · 1905
  3. Long v. Long, Pennsylvania Court of Common Pleas, Somerset County1983
  4. Seaboard Construction Co. v. Curtis, Pennsylvania Court of Common Pleas, Philadelphia County1945

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API