Legal Opinion

Musser v. Stauffer

Supreme Court of Pennsylvania

Decided July 19, 1899No. Appeal, No. 182PublishedCited by 25 opinions

Appeal, No. 182, Jan. T., 1898, by defendant, from judgment of C. P. Lancaster Co., June T., 1895, No. 49, on verdict for plaintiff. Assumpsit on promissory notes.

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Appeal, No. 182, Jan. T., 1898, by defendant, from judgment of C. P. Lancaster Co., June T., 1895, No. 49, on verdict for plaintiff. Assumpsit on promissory notes. The plaintiff’s statement shows that on the 11th day of November, 1890, he sold the defendant at Roanoke, Virginia, eight lots of ground in the city of Roanoke in the state of Virginia; in consideration of which the defendant assumed and agreed to pay as part of the purchase money twelve notes of $83.38 and four of $83.34, which notes had been made by the plaintiff and were payable to and held by the Melrose Land Company of…

1Opinion of the Court

Opinion by

Mb. Justice McCollum,

On the first appeal in this case the only question for our determination was whether the court below erred in holding that the affidavits of defense were sufficient to prevent summary judgment on the plaintiff’s claim. The claim was based on certain notes executed and delivered by the defendant to the plaintiff in consideration of a conveyance by the latter to the former of certain lots situate in the city of Roanoke, Virginia. The notes appeared on their face to have been made in Roanoke, Virginia, and were, by their express terms, negotiable and payable at the…

2Cases cited3 opinions

  1. Burnett v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
  2. Waverly Nat. Bank v. HallSupreme Court of Pennsylvania · 1892
  3. Brown v. Camden & Atlantic RailroadSupreme Court of Pennsylvania · 1877

3Cited by25 opinions

  1. William B. Tanner Co., Inc., and Pepper & Tanner, Inc. v. Wioo, Inc.Court of Appeals for the Third Circuit · 1975
  2. Silvestri v. SlatowskiSupreme Court of Pennsylvania · 1966
  3. York Metal & Alloys Co. v. Cyclops Steel Co.Supreme Court of Pennsylvania · 1924
  4. Melville v. American Home Assurance Co.District Court, E.D. Pennsylvania · 1977
  5. Baker v. Sun Co., Inc.(R & M)District Court, D. Maryland · 1997

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