Legal Opinion

Sellers & Nicols v. Jones

Supreme Court of Pennsylvania

Decided July 1, 1853PublishedCited by 4 opinions

Error to the District Court of Allegheny county. This was an action of assumpsit by Francis Sellers, and John Nicols, partners, v. Jenkins Jones. It was brought to recover $403.69, claimed as a balance due on a book account.

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Error to the District Court of Allegheny county. This was an action of assumpsit by Francis Sellers, and John Nicols, partners, v. Jenkins Jones. It was brought to recover $403.69, claimed as a balance due on a book account. A bill of particulars amounting to $607.03, was filed, on which credits were allowed to the amount of $203.34, leaving a balance of $403.69. It was alleged in defence, that the defendant was entitled to a credit of $275, being the amount of three' promissory notes of J. & J. Bell, which were payable on 1st. of May, on 1st of August, and on 1st of November, 1849, and were…

1Opinion of the Court

The opinion of the Court was delivered by

Knox, J.

The plaintiffs are merchants of the city of Pittsburgh, and bring this suit to recover from Jones a balance due for goods sold and delivered.

The defendant does not deny the correctness of the plaintiffs’ account, but alleges that he is entitled to a credit for the sum of $275, being the amount of three notes made by J. & J. Bell, payable in pig metal to the order of the defendant, and by him transferred to the plaintiffs. Whether these notes were properly chargeable to the plaintiffs, was the only matter of contest upon the trial.

*426The learned…

2Cited by4 opinions

  1. Davis v. BillingsSupreme Court of Pennsylvania · 1916
  2. First Nat. Bank of Midland v. PowellCourt of Appeals of Texas · 1912
  3. Scott v. First National Bank of TulsaCourt Of Appeals Of Indian Territory · 1904
  4. Warburton v. Trust Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1909

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