Lowber v. Smith
Supreme Court of Pennsylvania
In error from the District Court of Philadelphia. Feb. 29. Smith declared in assumpsit for goods sold, and on the money counts. The only pleas material here were non assump. and actio non, infra sex annos ; replications, merchants’ accounts, and action accrued within six years.
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In error from the District Court of Philadelphia. Feb. 29. Smith declared in assumpsit for goods sold, and on the money counts. The only pleas material here were non assump. and actio non, infra sex annos ; replications, merchants’ accounts, and action accrued within six years. The plaintiff’s claim was for powder sold to Lowber — the items of his account commencing in 1833. The last item was dated Nov. 3, 1836, for one hundred and four kegs of powder, the receipt of which was proved, and which was the only charge in that year. The action was brought Nov. 1, 1842. The defendant was credited…
1Opinion of the CourtRogers, J.
Several exceptions are taken to the judgment; but the principal objection is in relation to the plea of the statute of limitations. The court instructed the jury that there were certainly mutual accounts between the parties in the legal sense of that term. The defendant contends that this direction took from the consideration of the jury an important item of evidence on the plea of the statute. It is insisted that the. arrangements between the parties was to effect an exchange of saltpetre for gunpowder; in other words, that Lowber was to receive gunpowder in payment for saltpetre instead of…
2Cases cited1 opinion
- Ingram v. SherardSupreme Court of Pennsylvania · 1828
3Cited by5 opinions
- Hudson v. HudsonSuperior Court of Pennsylvania · 1902
- Lebling's EstatePennsylvania Orphans' Court, Erie County · 1941
- Radenbach's EstateSuperior Court of Pennsylvania · 1913
- Arnold v. Arnold, Pennsylvania Court of Common Pleas, Bedford County1930
- Schwarz EstatePennsylvania Orphans' Court, Erie County · 1957