Thomas v. Brady
Supreme Court of Pennsylvania
In error from the District Court of Philadelphia. This was an action on an alleged contract of indemnity. The declaration also contained the common counts. Morris, Hollingshead & Co., of Philadelphia, having goods in the hands of Hoffmans & Co., of Baltimore, gave an order for their proceeds to a firm in the latter city, styled E. E. Brady & Co., composed of the plaintiff below and one William Stockton. The object of this order was a matter of controversy.
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In error from the District Court of Philadelphia. This was an action on an alleged contract of indemnity. The declaration also contained the common counts. Morris, Hollingshead & Co., of Philadelphia, having goods in the hands of Hoffmans & Co., of Baltimore, gave an order for their proceeds to a firm in the latter city, styled E. E. Brady & Co., composed of the plaintiff below and one William Stockton. The object of this order was a matter of controversy. The plaintiff alleged that it was given by Morris, Hollingshead & Co., to secure his brother E. E. Brady, who was endorsee on certain…
1Opinion of the CourtRogers, J.
This is an action of assumpsit on a contract of indemnity, the declaration containing special and the common money counts. As the case' comes up on certain specific points, we have nothing to do with the merits, which have been commented on so much at large by both sides, except so far as the points connect themselves with the errors assigned. The case resulted in a verdict for the plaintiff, finding that there was a contract of indemnity and a breach of the contract by the defendant.
No less than seventeen errors are assigned, all of which, except those particularly noticed, were abandoned on…
2Cases cited4 opinions
- Hartford Bridge Co. v. GrangerSupreme Court of Connecticut · 1822
- Griffith v. RefordSupreme Court of Pennsylvania · 1829
- Inhabitants of Newburyport v. Inhabitants of BoothbayMassachusetts Supreme Judicial Court · 1812
- Bowen v. De LattreSupreme Court of Pennsylvania · 1841
3Cited by5 opinions
- Foster v. Federal Reserve Bank of PhiladelphiaCourt of Appeals for the Third Circuit · 1940
- Minnesota Lumber Co. v. Whitebreast Coal Co.Appellate Court of Illinois · 1894
- Allen v. LineSuperior Court of Pennsylvania · 1899
- Allen v. LineSuperior Court of Pennsylvania · 1899
- Smith v. Times Publishing Co.Supreme Court of Pennsylvania · 1897