Legal Opinion

Phillips v. Lawrence

Supreme Court of Pennsylvania

Decided December 15, 1843PublishedCited by 5 opinions

ERROR to the District Court for the city and county of Philadelphia. This was an action on the case brought by-Lawrence & -Robinson, trading as Lawrence & Robinson, against John Phillips & Daniel P. Bussier, trading as Phillips & Bussier, on the following promissory note: $1539 78 New York, 6th Dec. 1841. Four months after date we promise to pay to the order of Lawrence & Robinson fifteen hundred and thirty-nine dollars and seventy-eight cents, value received, at the office…

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ERROR to the District Court for the city and county of Philadelphia. This was an action on the case brought by-Lawrence & -Robinson, trading as Lawrence & Robinson, against John Phillips & Daniel P. Bussier, trading as Phillips & Bussier, on the following promissory note: $1539 78 New York, 6th Dec. 1841. Four months after date we promise to pay to the order of Lawrence & Robinson fifteen hundred and thirty-nine dollars and seventy-eight cents, value received, at the office of Wycoff& Scrymser. t, „ t, The defendants filed the following affidavit of defence: “ John Phillips, one of the…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

The defendants below are the plaintiffs in error, and offered, as a defence to a part of the plaintiffs’ claim, to defalcate a demand which they, as appears by the affidavit of one of them, filed in the action as a defence in part to the plaintiffs’ claim, alleged they had against the plaintiffs, arising out of a contract made and executed by and between them, whereby the plaintiffs sold and delivered to the defendants, in the month of August 1838, 201 bags of walnuts, warranting them to be of a quality equal to samples thereof shown at the…

2Cases cited1 opinion

  1. Nickle v. BaldwinSupreme Court of Pennsylvania · 1842

3Cited by5 opinions

  1. Dushane v. BenedictSupreme Court of the United States · 1887
  2. Pegram v. StortzWest Virginia Supreme Court · 1888
  3. Fifth Mutual Building Society of Manayunk's AppealSupreme Court of Pennsylvania · 1934
  4. Hunt v. GilmoreSupreme Court of Pennsylvania · 1868
  5. Field v. DescalziSupreme Court of Pennsylvania · 1923

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