Converse v. Colton
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Tioga county. This was an action of assumpsit, by M. M. Converse against Henry Colton and Harrison Parkman, and was based on a. parol contract, by which it was averred they had undertaken to float a quantity of plaintiff’s logs into his boom in the Susquehanna, at Williamsport. The writ was not served on Parkman.
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Error to tbe Common Pleas of Tioga county. This was an action of assumpsit, by M. M. Converse against Henry Colton and Harrison Parkman, and was based on a. parol contract, by which it was averred they had undertaken to float a quantity of plaintiff’s logs into his boom in the Susquehanna, at Williamsport. The writ was not served on Parkman. The material facts of the case were these: — In the winter of the year 1856, Henry Colton and Harrison Parkman were engaged in getting in logs for Phelps, Dodge & Co., whose mill is about three miles above the mouth of Pine creek, in Tioga county. Before…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
The doctrine of estoppel which both parties invoked,, had no application to the case, for though it is undoubted law, that matters which have been once determined by judicial authority cannot be again drawn into controversy as between the parties and privies to the determination, it is an equally unquestionable fact, that Colton, the defendant here, was neither a party nor privy to the suit which Converse brought against Campbell. That suit was an action of trover and conversion for the same lumber for which this suit was brought,-and…
2Cases cited2 opinions
- Goddard v. SeldenSupreme Court of Connecticut · 1829
- Croft v. SteeleSupreme Court of Pennsylvania · 1837
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- Funk v. YoungSupreme Court of Pennsylvania · 1916
- Berardelli Pool Service v. Koch, J.Superior Court of Pennsylvania · 2014
- Kaster v. WelshSupreme Court of Pennsylvania · 1893