Zinn v. Rowley
Supreme Court of Pennsylvania
In error from the Common Pleas of Erie county. Oct. 1. This was an action on two notes dated the 26th and 28th February, respectively, in the following form: «Due Conrad Zinn, 17§ bushels of wheat at $1 per bushel, payable at pur mill in Girard, in twelve days from date.” The other was for $10, at one month, payable in wheat or corn, the former at $1, and the latter at 50 cents per bushel. The plea was payment.
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In error from the Common Pleas of Erie county. Oct. 1. This was an action on two notes dated the 26th and 28th February, respectively, in the following form: «Due Conrad Zinn, 17§ bushels of wheat at $1 per bushel, payable at pur mill in Girard, in twelve days from date.” The other was for $10, at one month, payable in wheat or corn, the former at $1, and the latter at 50 cents per bushel. The plea was payment. Defendant then gave in evidence that he directed seventeen or eighteen bushels of wheat to be put away in a bin in the mill to meet the first note, which was done early in March; and…
1Opinion of the CourtCoulter, J.
The charge of the court, without replying severally to the various points put by the plaintiff’s counsel, was in substance an answer to them all. It appears sufficiently by the testimony that the necessary quantity of grain was in the mill of the defendants, which was the place appointed for the delivery, (and the court properly left the facts to be determined by the jury,) at the time fixed in the notes for payment; and that it had been set apart by the miller under the directions of defendants for that purpose.
When the agent of the plaintiff went to the mill at the time the last note fell…
2Cases cited1 opinion
- Case v. GreenSupreme Court of Pennsylvania · 1836