Holt v. Green
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 78, to January Term 1871. This was an action of assumpsit, brought January 18th 1869, by Frederick F. Holt, against Joseph Green.
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Error to the District Court of Philadelphia: No. 78, to January Term 1871. This was an action of assumpsit, brought January 18th 1869, by Frederick F. Holt, against Joseph Green. The plaintiff’s bill of particulars was as follows:— “ The plaintiff’s demand is founded on his claim to commissions as a broker or salesman on commission for the sale of certain cards, and spinning and other machinery of a cotton or woollen mill put in his hands for sale by the defendant above named, on or about May 1866.” The case was tried May 5th 1869, before Stroud, J. The plaintiff testified that he was…
1Opinion of the Court
The opinion of the court was delivered, March 17th 1873, by
Mercur,, J.
The plaintiff brought this suit to recover commissions for the sale of eei'tain machinery sold by him for defendant. It appeared upon the trial of the cause, that the plaintiff was carrying on the business of a commercial broker, and as such broker rendered the services for which the commissions were claimed. He also testified that he had not taken out a license nor paid a special tax, under the Act of Congress. Upon this the learned judge nonsuited the plaintiff and judgment was entered thereon. This is assigned for error.
T…
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