Bughman v. Central Bank
Supreme Court of Pennsylvania
Appeal, No. 179, Oct. T., 1893, by plaintiff, H. C. Bughman, trustee under will of James H. Hays, deceased, from judgment of C. P. No. 1, Allegheny Co., June T., 1891, No. 176, entering compulsory nonsuit. Trespass to recover value of coal sold by plaintiff to Thomas Fawcett & Sons, which afterwards came into possession of defendant under bill of sale.
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Appeal, No. 179, Oct. T., 1893, by plaintiff, H. C. Bughman, trustee under will of James H. Hays, deceased, from judgment of C. P. No. 1, Allegheny Co., June T., 1891, No. 176, entering compulsory nonsuit. Trespass to recover value of coal sold by plaintiff to Thomas Fawcett & Sons, which afterwards came into possession of defendant under bill of sale. At the trial, before Collier, J., it appeared that, on Nov. 19, 1890, Thomas Fawcett & Sons sent two barges to plaintiff’s works to be loaded with coal in accordance with their previous course of dealing on credit by notes running for four…
1Opinion of the Court
Opinion by
Mb,. Justice Mitchell,
Buyer and seller under ordinary circumstances deal at arm’s length. On one hand the rule is caveat emptor, while on the other, the buyer is not bound to disclose his pecuniary condition or his'ability to pay. A man has a right to take chances, and to be sanguine as to his affairs, hence the law of most commercial states holds that even insolvency, although known to the buyer at the time of the purchase, need not be disclosed, and the concealment of it, by mere silence, without any active misrepresentation, is not such fraud as will avoid the sale.
In this state…
2Cases cited7 opinions
- Root v. FrenchNew York Supreme Court · 1835
- Smith v. Smith, Murphy, & Co.Supreme Court of Pennsylvania · 1853
- Mackinley v. M'GregorSupreme Court of Pennsylvania · 1838
- Mitchell v. WordenNew York Supreme Court · 1855
- Rodman v. ThalheimerSupreme Court of Pennsylvania · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Kearney Milling & Elevator Co. v. Union Pacific Railway Co.Supreme Court of Iowa · 1896
- Rogers v. Virginia-Carolina Chemical Co.Court of Appeals for the Third Circuit · 1906
- Allen v. SarshikSupreme Court of Pennsylvania · 1930
- Ditton v. PurcellNorth Dakota Supreme Court · 1911
- Johnson v. GroffSuperior Court of Pennsylvania · 1903
13 more not listed; retrieve them via the Exa API.