Legal Opinion

Newbold v. Wright

Supreme Court of Pennsylvania

Decided February 15, 1833PublishedCited by 11 opinions

This was a writ of error to the District Court for the City and County of Philadelphia. It was an action of assumpsit brought by the plaintiff in error to recover the proceeds of his goods, sold by the defendants.

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This was a writ of error to the District Court for the City and County of Philadelphia. It was an action of assumpsit brought by the plaintiff in error to recover the proceeds of his goods, sold by the defendants. On the trial of the cause, the facts which appeared in evidence were substantially as follows : In April 1823, the plaintiff, by his agents Thomas Sp Martin, made a shipment of nine hundred and sixty pieces of blue Moreas, valued at two thousand seven hundred and nine dollars and twenty-four cents, to St. Jago de Cuba, by the schooner Sally and Polly, consigned to Clayton…

1Opinion of the CourtRogers, J.

This was an action of assumpsit to recover the proceeds of certain goods, which were sold by the defendants, who were commission merchants in St. Jago de Cuba, on account of the plaintitf.

The plaintiff, through Thomas Sp Martin commission merchants, made a shipment with others, in (he schooner Sally and Polly, which they consigned to C. Hollinshead, the supercargo, with a letter of instructions to sell the goods to the best advantage, as soon as the market would admit, and remit the proceeds in good bills, specie, or coffee; to sell for cash or a short credit. He then adds, that if the goods…

2Cases cited3 opinions

  1. Collings v. HopeU.S. Circuit Court for the District of Pennsylvania · 1812
  2. Toland v. MurrayNew York Supreme Court · 1820
  3. Laussatt v. LippincottSupreme Court of Pennsylvania · 1821

3Cited by11 opinions

  1. Gibson v. CulverNew York Supreme Court · 1837
  2. Allen v. St. Louis BankSupreme Court of the United States · 1887
  3. Holmes v. CathcartSupreme Court of Minnesota · 1903
  4. Davis v. RussellCalifornia Supreme Court · 1878
  5. Everett v. BuchananSupreme Court Of The Territory Of Dakota · 1880

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