Smith v. Bouvier
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 198, to July Term 1870. This was an action of assumpsit brought May 12th 1869, by John V. Bouvier and M. C. Bouvier, trading as J. V. Bouvier & Co., against William F. Smith and Joshua Kames, trading as Smith & Kames, for money laid out and expended by the plaintiffs, brokers in New York, on the purchase and sale of stocks for the defendants.
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Error to the District Court of Philadelphia: No. 198, to July Term 1870. This was an action of assumpsit brought May 12th 1869, by John V. Bouvier and M. C. Bouvier, trading as J. V. Bouvier & Co., against William F. Smith and Joshua Kames, trading as Smith & Kames, for money laid out and expended by the plaintiffs, brokers in New York, on the purchase and sale of stocks for the defendants. On the trial a question was raised as to the partnership of the defendants in the transactions; and also whether the plaintiffs had obeyed the defendants’ instructions; both were found against the…
1Opinion of the Court
The opinion of the court was delivered, January 16th 1872, by
Thompson, C. J.
Having attentively listened to an earnest and able argument, to convince us of error committed by the learned judge who tried the case below, and a no less able argument to the contrary, by the learned counsel for the defendants in error, we have addressed ourselves assiduously to the task of determining, by principles of law, which party is right in the contest, and the following discloses the result.
The general charge has been considered in order to discover from it the force of special objections to it, as well as…
2Cited by2 opinions
- Bass v. SimonCourt of Appeals of Kentucky (pre-1976) · 1931
- Stewart v. ParnellSupreme Court of Pennsylvania · 1892