Hursh v. North, Chase & North
Supreme Court of Pennsylvania
Error to the Common Pleas of Union county. Tbis was an action of November 29th 1858, by Gibson North, Pliny Chase, and Asa W. North, partners doing business as North, Chase & North, against Joel Hursh, -to recover the sum of $452.80, for stoves sold and delivered to the plaintiff.
Read the full summary
Error to the Common Pleas of Union county. Tbis was an action of November 29th 1858, by Gibson North, Pliny Chase, and Asa W. North, partners doing business as North, Chase & North, against Joel Hursh, -to recover the sum of $452.80, for stoves sold and delivered to the plaintiff. The declaration was in the usual form for goods sold and delivered, to which the defendant pleaded non assumpsit, payment, with leave, and subsequently added the plea of “ actio non accrevit infra sex annos.” On the trial of the cause the plaintiffs gave in evidence the fact, that a bill of stoves was bought by the…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, J.
To establish that the bill of goods for which this suit was brought, was sold on credit, and would not be due until the 1st of January ensuing its date, and thus to avoid the bar of the Statute of Limitations, the court admitted evidence against the objections of the defendant below, to show a usage *243or practice of the plaintiffs to sell on credit without such terms being expressed. That wares sold between the 1st of July and January “must be settled by one half cash, and the other half by note, at three months, on the 1st of January, and…
2Cases cited1 opinion
- Newbold v. WrightSupreme Court of Pennsylvania · 1833