Perkins ex rel. Bank of Commerce v. Lippincott Co.
Supreme Court of Pennsylvania
Appeal, No. 187, Jan. T., 1917, by plaintiff, from judgment of C. P. No. 2, Philadelphia County, Dec. T., 1915, No. 664, for defendant in case of James A. Perkins to the use of Bank of Commerce v. W. A. Lippincott Company. Assumpsit for the price of dry goods sold and delivered to defendant. Before Wessel, J. The opinion of the Supreme Court states the facts. The case was tried before the judge without a jury.
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Appeal, No. 187, Jan. T., 1917, by plaintiff, from judgment of C. P. No. 2, Philadelphia County, Dec. T., 1915, No. 664, for defendant in case of James A. Perkins to the use of Bank of Commerce v. W. A. Lippincott Company. Assumpsit for the price of dry goods sold and delivered to defendant. Before Wessel, J. The opinion of the Supreme Court states the facts. The case was tried before the judge without a jury. The trial judge found for defendant and entered judgment on the findings. Plaintiff appealed. Errors assigned were in dismissing exceptions to findings of the trial judge, and the…
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
Plaintiff sued in assumpsit to the use of the Bank of Commerce as assignee for the price of dry goods alleged to have been sold and delivered by Perkins to defendant. The latter refused payment alleging, inter alia, that the right of action for the value of the merchandise was in the Philadelphia National Bank, which institution had issued to plaintiff a letter of credit covering the price of the goods, and had retained title to them up to the time of their delivery to defendant. The case was tried before the court without a jury and, from judgment entered in…
2Cases cited2 opinions
- Perkins ex rel. Bank of Commerce v. HalprenSupreme Court of Pennsylvania · 1917
- Canadian Bank of Commerce v. BaumSupreme Court of Pennsylvania · 1898
3Cited by1 opinion
- Automobile Banking Corp. v. WeichtSuperior Court of Pennsylvania · 1946