Braunn & Fitts v. Keally
Pennsylvania Court of Common Pleas, Alleghany County
No. 221 October Term 1891, Sup. Ct.; court below, No. 947 March Term 1891, C. P. No. 1. To the first Monday of March, 1891, Braunn & Fitts brought assumpsit against “ Charles Keally, doing business as the Illinois Dairy Company, ” filing a verified statement of claim as follows, to wit: “ The plaintiff, Braunn & Fitts is a corporation created and organized under the laws of the state of Illinois, and are manufacturers of oleomargarine; its place of business being situated in…
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No. 221 October Term 1891, Sup. Ct.; court below, No. 947 March Term 1891, C. P. No. 1. To the first Monday of March, 1891, Braunn & Fitts brought assumpsit against “ Charles Keally, doing business as the Illinois Dairy Company, ” filing a verified statement of claim as follows, to wit: “ The plaintiff, Braunn & Fitts is a corporation created and organized under the laws of the state of Illinois, and are manufacturers of oleomargarine; its place of business being situated in Chicago, Illinois. The defendant, Charles Keally, was, during tbe time of the transactions hereinafter mentioned,…
1Opinion of the Court
*524Opinion,
Mr. Justice Mitchell:
The contract under which the goods were furnished by the plaintiffs to the defendant was apparently made in Illinois, as the plaintiffs’ place of business was there, and the goods were delivered to a carrier in Chicago, to be carried to Pittsburgh, the freight being payable by defendant. The presumption, therefore, is that the carrier was the defendant’s agent, and there is nothing in the affidavit of defence to rebut this presumption. The element of illegality under the laws of Pennsylvania is therefore out of the case, unless plaintiffs were to do some act here,…
2Cases cited1 opinion
- Ludington v. NorthSupreme Court of Pennsylvania · 1891
3Cited by9 opinions
- Piper v. Oakland Motor Co.Supreme Court of Vermont · 1920
- In re WellsDistrict Court, M.D. Pennsylvania · 1905
- Pittsburgh Provision & Packing Co. v. Cudahy Packing Co.Supreme Court of Pennsylvania · 1918
- In re Miller & Brown (1)District Court, M.D. Pennsylvania · 1905
- Pabst Brewing Co. v. SmithSupreme Court of Oklahoma · 1913
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