Blakiston v. Davies, Turner & Co.
Superior Court of Pennsylvania
Appeal, No. 56, Oct. T., 1909, by plaintiff, from judgment of C. P. No. 3, Phila. Co., March T., 1904, No. 393, on verdict for defendant in case of Kenneth M. Blakiston, trading as P. Blakiston’s Son & Co. v. Davies, Turner & Company. ' Appeal from judgment of magistrate. Before McMichael, P. J. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed.
1Opinion of the Court
Opinion by
Rice, P. J.,
This action was brought in' the name of William C. Lyon to the use of Kenneth M. Blakiston, trading as P. Blakiston’s Son & Co. Before the jury was sworn the record was amended by striking out the name of William C. Lyon and retaining the name of Kenneth M. Blakiston as legal plaintiff. The form of action was assumpsit, and the cause of action declared upon was the breach of a contract, of which the following shipping receipt issued by the defendant, a corporation, to the present legal plaintiff was a material part:
*393“ (Not Negotiable) Aug. 4, 1902.
“Received of P.…
2Cases cited6 opinions
- Bank of Kentucky v. Adams Express Co.Supreme Court of the United States · 1876
- Beckman v. ShouseSupreme Court of Pennsylvania · 1835
- Dannemiller v. KirkpatrickSupreme Court of Pennsylvania · 1902
- Hand v. BaynesSupreme Court of Pennsylvania · 1839
- Gordon v. HutchinsonSupreme Court of Pennsylvania · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
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- James v. Public Service CommissionSuperior Court of Pennsylvania · 1934
- Merchants Parcel Delivery, Inc. v. Pa. Public Utility CommissionSuperior Court of Pennsylvania · 1941
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