Horan v. Weiler & Ellis
Supreme Court of Pennsylvania
Error to the Common Pleas of Schuylkill county. This was an action on the case, brought July 1st 1859, by Herman Weiler and Joseph Ellis, trading in the city of Philadelphia as Weiler & Ellis, against Michael Horan.
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Error to the Common Pleas of Schuylkill county. This was an action on the case, brought July 1st 1859, by Herman Weiler and Joseph Ellis, trading in the city of Philadelphia as Weiler & Ellis, against Michael Horan. The plaintiffs declared in assumpsit for goods sold and delivered, and filed with their declaration a copy of their book account, which was for wine, brandy, whiskey, &c., sold to defendant between the 4th of September 1856, and the 1st of April 1858, amounting to $482.38, on which payments had been made reducing the claim to $206.68. To this the defendant pleaded non assumpsit,…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, J.
It is enough in this case to say that the defendant’s plea of non assumpsit raised no question of authority in the plaintiffs to maintain their action, and hence they might recover without producing their license, and of course without saying anything about it in their narr. The cases cited by the defendants in error prove the rule that a breach of law is not to be presumed against any one, and that the presumption is to the contrary until proof overcomes it: 1 Greenl. § 411; 1 Barn. & Ald. 463; 10 East 216; 19 Johns. 345; 12 Wheat. 69 :…
2Cases cited1 opinion
- Hartwell v. RootNew York Supreme Court · 1822
3Cited by14 opinions
- Freeman v. BlountSupreme Court of Alabama · 1911
- Waters v. New Amsterdam Casualty Co.Supreme Court of Pennsylvania · 1958
- Rau v. Wilkes-Barre & Eastern R. R.Supreme Court of Pennsylvania · 1933
- Commonwealth v. TharpSupreme Court of Pennsylvania · 1988
- Uhler v. CowenSupreme Court of Pennsylvania · 1901
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