Legal Opinion

Perlman & Co. v. Sartorius & Co.

Supreme Court of Pennsylvania

Decided July 11, 1894No. Appeal, No. 224PublishedCited by 11 opinions

Appeal, No. 224, Jan. T., 1894, by-defendants, from judgment of C. P. Berks Co., No. 65, March T., 1893, on verdict for plaintiffs. Sheriffs interpleader to determine ownership of property seized as property of one Frame but claimed by plaintiffs. Before Ermentrout, P. J. The facts appear by the opinion of the Supreme Court.

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Appeal, No. 224, Jan. T., 1894, by-defendants, from judgment of C. P. Berks Co., No. 65, March T., 1893, on verdict for plaintiffs. Sheriffs interpleader to determine ownership of property seized as property of one Frame but claimed by plaintiffs. Before Ermentrout, P. J. The facts appear by the opinion of the Supreme Court. Plaintiffs proposed to show on the trial that the day after the execution there was a conversation between Mr. Frame and Mr. Reiling, Mr. Frame stating to Mr. Reiling that he had been going from bad to worse; he ought to have failed two years ago; this for the purpose of…

1Opinion of the Court

Opinion by

Mb,. Justice Gbeen,

Referring to the testimony as to the original contract of sale made in October, 1892, it appears that Mr. Perlman was in Reading, Pa., at the vendee’s place of business, and while there made the contract. Nothing was said as to anyplace of delivery of the tobacco, but the terms of the contract were that Frame was to pay “ fifty cents a pound in bond,” and was to pay the duty in cash. The tobacco was in Baltimore, Mary*323land, which was the plaintiff’s place of business, and was to be shipped, and actually was shipped, from that city. As we understand, the net price…

2Cases cited5 opinions

  1. Schmertz v. DwyerSupreme Court of Pennsylvania · 1867
  2. Garbracht v. CommonwealthSupreme Court of Pennsylvania · 1881
  3. Rodman v. ThalheimerSupreme Court of Pennsylvania · 1874
  4. Estate of CoxSupreme Court of Pennsylvania · 1897
  5. Schumacher v. EbySupreme Court of Pennsylvania · 1855

3Cited by11 opinions

  1. Mann v. SalsbergSuperior Court of Pennsylvania · 1901
  2. Pittsburgh Provision & Packing Co. v. Cudahy Packing Co.Supreme Court of Pennsylvania · 1918
  3. Healy v. Eastern Building & Loan Ass'nSuperior Court of Pennsylvania · 1901
  4. West Jersey Ice Manufacturing Co. v. ArmourSuperior Court of Pennsylvania · 1900
  5. In re Hunter-Rand Co.District Court, E.D. North Carolina · 1917

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