Blygh v. Samson
Supreme Court of Pennsylvania
APPEAL BY DEPENDANTS PROM THE COURT OP COMMON PLEAS OP MCKEAN COUNTY. No. 83 January Terra 1890, Sup. Ct.; court below, No. 161 February Term 1888, C. P. On January 23, 1888, Patrick Blygh brought assumpsit against J. A. Samson and J. C. French, copartners as J. A. Samson & Co., upon a promissory note for $475, with interest, dated May 17, 1887, drawn by J. A. Samson & Co., and payable to the order of the plaintiff on January 2, 1888. The defendants pleaded non-assumpsit,…
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APPEAL BY DEPENDANTS PROM THE COURT OP COMMON PLEAS OP MCKEAN COUNTY. No. 83 January Terra 1890, Sup. Ct.; court below, No. 161 February Term 1888, C. P. On January 23, 1888, Patrick Blygh brought assumpsit against J. A. Samson and J. C. French, copartners as J. A. Samson & Co., upon a promissory note for $475, with interest, dated May 17, 1887, drawn by J. A. Samson & Co., and payable to the order of the plaintiff on January 2, 1888. The defendants pleaded non-assumpsit, payment and set-off. At the trial on June 5,1889, the plaintiff having proved and put in evidence the note sued on, the…
1Opinion of the Court
Opinion,
Mr. Justice McCollum:
The note in suit was given for one half the price of timber which the payee sold to the makers. The vendees allege that their vendor had no title to one third of the timber which he sold to them, and that they have paid or tendered the price of the timber they received or acquired any title to under their agreement with him. The vendor alleges that he was the owner of, and that they have received, all the timber embraced in the sale.
It is undisputed that the vendor owned a tract of land in Ceres township, containing fifty acres; that he proposed to sell to the…
2Cases cited1 opinion
- Tyson v. PassmoreSupreme Court of Pennsylvania · 1845
3Cited by13 opinions
- Vrabel v. SCHOLLERSupreme Court of Pennsylvania · 1952
- Woldow v. DeverSupreme Court of Pennsylvania · 1953
- Morris Brothers Lumber Company v. David E. Eakin, Frances B. Eakin, John L. Eakin, Jr., Also Known as Lester Eakin, and Mary Louise EakinCourt of Appeals for the Third Circuit · 1959
- Miller v. BareDistrict Court, W.D. Pennsylvania · 1978
- Ehrenzeller v. ChubbSuperior Court of Pennsylvania · 1952
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