Kenney v. Altvater & Co. ex rel. Marks
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: Of October and November Term 1874, No. 23. This was an action of assumpsit, brought January 3d 1873, by Fred Altvater and Joseph Marks, partners as Altvater & Co., for the use of Joseph Marks, against Samuel Kenney.
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Error to the District Court of Allegheny county: Of October and November Term 1874, No. 23. This was an action of assumpsit, brought January 3d 1873, by Fred Altvater and Joseph Marks, partners as Altvater & Co., for the use of Joseph Marks, against Samuel Kenney. The claim of the plaintiffs, as set out in the affidavit of Marks, was for quarrying tools specified in a bill accompanying the affidavit ; it amounted to $162.01; the articles were charged in the bill as delivered February 10th 1872. By his affidavit of defence, the defendant averred that he had paid the full amount of the claim,…
1Opinion of the CourtJustice Meboub
We discover no merit in the first three assignments of error.
The fourth assignment involves the validity of the payment made by the plaintiff in error.
Altvater and Marks constituted the firm of Altvater & Co. When the bill of goods was purchased, for which Marks now claims to recover, they were engaged in business as stonemasons; they were also contractors in the erection of buildings. As such they were purchasing and using stone. Altvater sold the goods to the plaintiff in error under an express agreement that they should be paid for in stone the next spring; The stones were delivered at the…
2Cases cited1 opinion
- Watkinson v. Bank of PennsylvaniaSupreme Court of Pennsylvania · 1839
3Cited by6 opinions
- McSparran v. Southern Mutual InsuranceSupreme Court of Pennsylvania · 1899
- Lawver v. Globe Mut. Ins.South Dakota Supreme Court · 1910
- Edelson v. American Employers' Insurance, Pennsylvania Court of Common Pleas, Lancaster County1927
- Pritchett v. Thomas Plater & Co.Tennessee Supreme Court · 1920
- Skokan v. Em Lou Coal Co., Pennsylvania Court of Common Pleas, Jefferson County1921
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