Collins v. Busch
Supreme Court of Pennsylvania
Appeal, No. 288, Jan. T., 1898, by plaintiffs, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1891, No. 874, on verdict for defendant. Assumpsit for materials furnished and delivered. Before Willson, J. At the trial it appeared that defendant was a contractor and builder. Plaintiffs were roofers, heatermen and tinsmiths who had agreed to furnish material for defendant’s building operations.
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Appeal, No. 288, Jan. T., 1898, by plaintiffs, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1891, No. 874, on verdict for defendant. Assumpsit for materials furnished and delivered. Before Willson, J. At the trial it appeared that defendant was a contractor and builder. Plaintiffs were roofers, heatermen and tinsmiths who had agreed to furnish material for defendant’s building operations. On October 2, 1891, defendant gave to plaintiffs a note of the Knauff Organ Co., and received from them the following receipt: “Received of Mr. C. D. Busch @980 on account of „ various contracts at…
1Opinion of the Court
Opinion by
Mb. Justice Gbeen,
It is perfectly manifest that so far as the giving of the receipt of October 2,1891, and the acceptance by the plaintiffs of the $1,000 note of the Knauff Organ Company, are concerned, the burden of proof that it was accepted as payment rested upon the defendant. It is equally certain that it was not proved by any testimony on the trial that the note was accepted as payment. It is true, a receipt for $980 on account of various contracts was signed by the plaintiffs, and that the note was at that time delivered to and accepted by the plaintiffs. But it has been many…
2Cases cited3 opinions
- Shepherd v. BuschSupreme Court of Pennsylvania · 1893
- Briggs & Drum v. N. Holmes & SonsSupreme Court of Pennsylvania · 1888
- Appeal of KemmererSupreme Court of Pennsylvania · 1883
3Cited by9 opinions
- Philadelphia v. StewartSupreme Court of Pennsylvania · 1900
- Delaware County Trust, Safe Deposit & Title Insurance v. HaserSupreme Court of Pennsylvania · 1901
- Second National Bank v. GrahamSupreme Court of Pennsylvania · 1914
- Hummelstown Brownstone Co. v. KnerrSuperior Court of Pennsylvania · 1904
- Philadelphia v. HowellSuperior Court of Pennsylvania · 1902
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