Bell v. Moss
Supreme Court of Pennsylvania
This was an action of trover brought in this Court, in which James C. C. Bell, William De Yongh and Robert Grant, lately trading under the firm of Bell, De Yongh & Co., were plaintiffs, and Joseph M. Moss and David Samuel were defendants. , The action was instituted to try an alleged right, and the exercise of the right of stoppage in transitu, of certain silks, alleged to have been sold by the plaintiffs, who resided at Leghorn, to the late firm of R. & J. Phillips, who…
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This was an action of trover brought in this Court, in which James C. C. Bell, William De Yongh and Robert Grant, lately trading under the firm of Bell, De Yongh & Co., were plaintiffs, and Joseph M. Moss and David Samuel were defendants. , The action was instituted to try an alleged right, and the exercise of the right of stoppage in transitu, of certain silks, alleged to have been sold by the plaintiffs, who resided at Leghorn, to the late firm of R. & J. Phillips, who resided at Philadelphia; and which goods had passed into the possession of the defendants, who were the assignees under a…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
It rather seems the plaintiffs might have had recourse to F. De Lizardi & Co. on the bills accepted in advance, or by an action on their agreement to accept. It is fallacious to say there was no proof of privity between the particular parties. The consignees had given the plaintiffs a credit with that house for the very purpose of enabling them to draw on it in payment of purchases ; and the bills drawn in pursuance of it had been honoured in repeated instances; after which it would have been too late for F. De Lizardi & Co. to say they…
2Cases cited1 opinion
- The Atlanta.— FoussatSupreme Court of the United States · 1818
3Cited by7 opinions
- Poole v. H. & T. C. R'y Co.Texas Supreme Court · 1882
- Twelves v. WilliamsSupreme Court of Pennsylvania · 1838
- Chandler v. FultonTexas Supreme Court · 1853
- Lamborn v. Allen Kirkpatrick & Co.Supreme Court of Pennsylvania · 1926
- Jones v. EarlCalifornia Supreme Court · 1869
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