Crossgrove v. Himmelrich
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Union county. This was an action of assumpsit, brought March 23d 1864, by William D. Himmelrich and Jacob Moyer, partners, &c., against John Crossgrove, John II. Goodman and William Brobst, partners, &c.
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Error to the Court of Common Pleas of Union county. This was an action of assumpsit, brought March 23d 1864, by William D. Himmelrich and Jacob Moyer, partners, &c., against John Crossgrove, John II. Goodman and William Brobst, partners, &c. The declaration contained four counts :— 1. That the plaintiffs, on the 4th day of December 1863, bought of the defendants 200 tons of hay, to be delivered at Canton depot, Bradford county, on the cars, at $21 per ton, payable $500 on the day of the purchase, $500 on the 6th of December and the balance on the receipt of the hay; that the hay was not…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
1. The receipts objected to, the reception in evidence of which constitutes the 1st bill of exception, were properly received. They not only showed the contract between the parties who it was alleged made it, but, what was indispensable to the plaintiffs in their effort to recover back the money paid on the contract, they showed the payment of a large pi’o-portion of it by the plaintiffs to the defendants. The objection really was that the defendants were not partners in the transaction and the receipts not evidence. But when the receipts…
2Cases cited1 opinion
- Smethurst v. WoolstonSupreme Court of Pennsylvania · 1842
3Cited by13 opinions
- Shannon v. CastnerSuperior Court of Pennsylvania · 1902
- Emmons v. McCreerySupreme Court of Pennsylvania · 1932
- William F. Mosser Co. v. Cherry River Boom & Lumber Co.Supreme Court of Pennsylvania · 1927
- Shively v. McDonnellSupreme Court of Pennsylvania · 1932
- Durham v. WickSupreme Court of Pennsylvania · 1904
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