Dougherty v. Shillingsburg
Supreme Court of Pennsylvania
Appeal, No. 40, Jan. T., 1895, by plaintiff, from judgment of C. P. No. 2, Philadelphia County, Sept. T., 1898, No. 596, on verdict for defendant. Assumpsit to recover the purchase price of an interest in an oyster boat and oyster beds in Delaware bay. Before Penny-packer, J. The facts appear by the opinion of the Supreme Court. The court charged the jury to find for the defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was above instruction.
1Opinion of the Court
Opinion by
Mr. Justice Dean,
William Kelly was owner of a half interest in an oyster schooner, also part owner of oyster beds in Delaware bay. He was a single man; having fallen sick in June, 1893, he was taken to St. Agnes Hospital, Philadelphia, where, on the 13th of September following, he died. While in the hospital, about six weeks before his death, he sold, by regularly executed bill of sale, his interest in the schooner and oyster beds to Shillingsburg, the defendant, for $3,000. No part of this money was paid directly to Kelly during his lifetime. After his death, the plaintiff having…
2Cases cited2 opinions
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