Flynn v. Allen
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Potter county: No. 456, to January Term 1868. *' This was an action of assumpsit, brought November 2d 1865, by J. W. Allen against M. J. Flynn, to recover the price of two bonds, issued by the township of Jackson to Flynn, and sold by him to Allen, which Allen alleged were not binding on the township, and were therefore of no value.
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Error to the Court of Common Pleas of Potter county: No. 456, to January Term 1868. *' This was an action of assumpsit, brought November 2d 1865, by J. W. Allen against M. J. Flynn, to recover the price of two bonds, issued by the township of Jackson to Flynn, and sold by him to Allen, which Allen alleged were not binding on the township, and were therefore of no value. According to the testimony of J. M. Kilbourn, provost-marshal, Flynn was drafted for the service of the United States on the 23d of February 1865; he reported about the 14th of March, was held to service, and furloughed until…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
The doctrine that the vendor of chattels in
possession impliedly warrants the title, extends to choses in action: Ritchie v. Summers, 3 Yeates 531; Charnley v. Dulles, 8 W. & S. 361; Swanzey v. Parker, 14 Wright 450. As in the sale of other things, he undertakes not for their quality, that they are really worth the money they represent, but that they are what they purport to be. In other words, he warrants the genuineness of the claim upon them: Lyons v. Divelbis, 10 Harris 185. Every obligee or holder of an obligation, who assigns it to…
2Cases cited3 opinions
- Ritchie v. SummersSupreme Court of Pennsylvania · 1803
- Kauffelt v. LeberSupreme Court of Pennsylvania · 1845
- Stroh v. HessSupreme Court of Pennsylvania · 1841
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- Koch v. HinkleSuperior Court of Pennsylvania · 1908