Cooper v. Eyrich
Superior Court of Pennsylvania
Appeal, No. 130, Oct. T., 1897, by defendants, from judgment of C. P. Chester Co., April T., 1896, No. 42, on verdict for plaintiff. Assumpsit for goods sold and delivered. Before Wad-dell, P. J. Graham, the decedent, made a contract for the sale of pork, which was executed by the widow and payment made to her and not to the administrators, the plaintiffs in this suit.
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Appeal, No. 130, Oct. T., 1897, by defendants, from judgment of C. P. Chester Co., April T., 1896, No. 42, on verdict for plaintiff. Assumpsit for goods sold and delivered. Before Wad-dell, P. J. Graham, the decedent, made a contract for the sale of pork, which was executed by the widow and payment made to her and not to the administrators, the plaintiffs in this suit. The widow subsequently claimed and was allowed her exemption, and the auditor surcharged the administrators with the price of the pork received by the widow and not accounted for by her to the administrators. There was evidence…
1Opinion of the Court
Opinion by
Beaver, J.,
Graham, the decedent, made a verbal contract with the defendants for the sale of pork, to be delivered at sundry times. One delivery was made during his lifetime, for which a check was given, payable to his order. After his death, of which the defendants had knowledge, the check so given was surrendered and, in its stead, another check, payable to the order of the person returning it, was given. Subsequent deliveries of pork were made by sundry persons and paid for at the time by checks made payable to the order of the persons delivering it. Three deliveries, aggregating…
2Cases cited4 opinions
- White's Executors v. CommonwealthSupreme Court of Pennsylvania · 1861
- Dickinson v. Calahan's AdministratorsSupreme Court of Pennsylvania · 1852
- Gilfillen's EstateSupreme Court of Pennsylvania · 1895
- Roumfort v. McAlarneySupreme Court of Pennsylvania · 1876
3Cited by1 opinion
- Daniels v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1938