Taylor v. Wells
Supreme Court of Pennsylvania
WRIT of error to the court of common pleas of Mleghany county. This was an action of assumpsit, brought by George Wells, the defendant in error, against the plaintiffs in error, Linton Rogers, George W. Taylor, impleaded with Hiram Kauntz, Jacob Harbaugh and David Moody, owners of the steamboat Lark, to recover the value of fifty barrels of flour, which were received from the plaintiff below on board the boat by Kauntz, the captain and part owner, who failed to render an…
Read the full summary
WRIT of error to the court of common pleas of Mleghany county. This was an action of assumpsit, brought by George Wells, the defendant in error, against the plaintiffs in error, Linton Rogers, George W. Taylor, impleaded with Hiram Kauntz, Jacob Harbaugh and David Moody, owners of the steamboat Lark, to recover the value of fifty barrels of flour, which were received from the plaintiff below on board the boat by Kauntz, the captain and part owner, who failed to render an account of the disposition or.proceeds of the property. , The plaintiff below gave in evidence, on the trial, articles of…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
This was a suit to recover the value of fifty barrels of flour from the defendants, who were joint owners of the steamboat Lark. The flour was shipped at Wellsburgh, to be carried to Louisville, where it was sold by the captain of the boat, who was one of the joint owners. The evidence is by no means clear as to the real nature of the transaction. Whether it was a sale to Kauntz, or a shipment on freight to Louisville, with power to the captain to sell, *68does not clearly appear; but whether it is one or the other, the result of the legal…
2Cited by1 opinion
- Hosea v. McCrorySupreme Court of Alabama · 1847