Legal Opinion

Perkins ex rel. Bank of Commerce v. Halpren

Supreme Court of Pennsylvania

Decided April 16, 1917No. Appeals, Nos. 358 and 359PublishedCited by 7 opinions

Appeals, Nos. 358 and 359, Jan. T., 1916, by defendants, from judgments of C. P. No. 2, Philadelphia Co., Sept. T., 1915, No. 3650, and Dec. T., 1915, No. 696, on judgment-for plaintiff, in case of James A. Perkins, to the use of the Bank of Commerce v. Jacob Halpren and Harry Mittleman, trading as Halpren & Mittleman. Assumpsit for goods sold and delivered. Before WesSEL, J. The opinion of the Supreme Court states the facts. The case was tried without a jury.

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Appeals, Nos. 358 and 359, Jan. T., 1916, by defendants, from judgments of C. P. No. 2, Philadelphia Co., Sept. T., 1915, No. 3650, and Dec. T., 1915, No. 696, on judgment-for plaintiff, in case of James A. Perkins, to the use of the Bank of Commerce v. Jacob Halpren and Harry Mittleman, trading as Halpren & Mittleman. Assumpsit for goods sold and delivered. Before WesSEL, J. The opinion of the Supreme Court states the facts. The case was tried without a jury. The trial judge found for plaintiff and entered judgment on the findings for the sum of $2,232.27. The court dismissed exceptions to…

1Opinion of the Court

Opinion by

Mr. Justice Frazer,

This action, by the assignee of a book account, is for goods alleged to have been sold and delivered by the legal plaintiff to defendants who refused payment, averring the title had not passed nor had there been actual delivery made to them, but on the contrary the goods were sold and delivered to a third person. There were Wo actions depending upon the same facts by agreement tried together without a jury. The trial judge concluded the testimony ample to establish a sale, and entered judgment for plaintiff.

Plaintiff, an importer of dress goods, entered into an…

2Cases cited7 opinions

  1. Commonwealth v. HessSupreme Court of Pennsylvania · 1892
  2. Commonwealth v. Westinghouse Electric & Manufacturing Co.Supreme Court of Pennsylvania · 1892
  3. Frazier v. SimmonsMassachusetts Supreme Judicial Court · 1885
  4. Brown, Early & Co. v. Susquehanna Boom Co.Supreme Court of Pennsylvania · 1885
  5. Canadian Bank of Commerce v. BaumSupreme Court of Pennsylvania · 1898

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Automobile Banking Corp. v. WeichtSuperior Court of Pennsylvania · 1946
  2. Collins v. OliverSupreme Court of Pennsylvania · 1930
  3. Ferndale S. Dist. v. Conemaugh S. Dist.Supreme Court of Pennsylvania · 1937
  4. Perkins ex rel. Bank of Commerce v. Lippincott Co.Supreme Court of Pennsylvania · 1918
  5. Ferndale Borough School District v. Conemaugh Township School DistrictSupreme Court of Pennsylvania · 1937

2 more not listed; retrieve them via the Exa API.

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