Mason v. Connell
Supreme Court of Pennsylvania
This was an action of assumpsit brought by Matthew S. Mason and Ignatius M'Donough against John Connell, Francis Worley and Thomas Welsh, to.recover the price of certain goods sold and delivered by the plaintiff to John Connell.
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This was an action of assumpsit brought by Matthew S. Mason and Ignatius M'Donough against John Connell, Francis Worley and Thomas Welsh, to.recover the price of certain goods sold and delivered by the plaintiff to John Connell. A return of N. E. 1. was made as to Connell; apd the action proceeding against the other defendants was tried beforé Mr. Justice Rogers at a Court of Nisi Prius, held at Philadelphia, on the 25th of November, 1831. It appeared in evidence on the trial, that Francis Worley and Thomas Welsh had for some time previous to the 1st of September, 1828, been engaged in…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
After a review of this case on the present motion for a new trial, we are of opinion, that the charge of the Judge, who tried the cause, was correct in matters of law, and that the only question, on which doubt could be entertained, was a question of fact, whether or not Welsh assented to the partnership. That question was left fairly to the jury, who have decided in favour of the defendants. And supposing the Court might have felt a difficulty in arriving at the same conclusion, that is not a sufficient reason for setting aside the…
2Cited by7 opinions
- Karrick v. HannamanSupreme Court of the United States · 1897
- Setzer v. BealeWest Virginia Supreme Court · 1882
- Solomon v. KirkwoodMichigan Supreme Court · 1884
- Slemmer's AppealSupreme Court of Pennsylvania · 1868
- Reece v. HoytIndiana Supreme Court · 1853
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