Philadelphia & Reading Railroad v. Wireman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of July Term 1875, No. 121. Case by the Philadelphia and Reading Railroad Company against Jacob Wireman, to recover the value of a car-load of doors and shutters, which were misdelivered by plaintiff to defendant.
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Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of July Term 1875, No. 121. Case by the Philadelphia and Reading Railroad Company against Jacob Wireman, to recover the value of a car-load of doors and shutters, which were misdelivered by plaintiff to defendant. The facts, in substance, were these: In November 1871, J. G. Fislér purchased of Spaulding & Son, of Elmira, the merchandise in question, which was to be paid for in Wireman’s paper, endorsed by Fisler. The price of the car-load was to be $1427. The goods were to be delivered in Elmira, the freight to be paid by the…
1Opinion of the CourtJustice Stekeett
The plaintiff’s claim, as appears by the bill of particulars, was based on the unauthorized delivery of the goods consigned to the defendant Wireman. Hence, the main question was, whether the latter had a right to receive them at the time they were delivered to him by the plaintiff’s agent. To show that he had not, the plaintiff mainly relied on the qualification and direction contained in its way-bill, to “ deliver only on the order of H. C. Spaulding & Son, of Elmira.” Resting upon this alone, the delivery to Wireman, without the order of Spaulding & Son, wmuld have been unauthorized; but…
2Cited by6 opinions
- In re Pittsburgh Industrial Iron WorksDistrict Court, W.D. Pennsylvania · 1910
- Rickey v. TutelmanSuperior Court of Pennsylvania · 1902
- Bacharach & Co. v. Chester Freight Line, Pennsylvania Court of Common Pleas, Delaware County1890
- Trenton Rubber Co. v. SmallSuperior Court of Pennsylvania · 1896
- Hill Veneer Co. v. MonroeU.S. Circuit Court for the District of Middle Pennsylvania · 1911
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