Wolle v. Brown
Supreme Court of Pennsylvania
IN ERROR. Error to the Court of Common Pleas of Northampton county. Edwin P. Wollé, brought an action of assumpsit in that Court, against Peter Brown, for goods sold and delivered, &c. The defendant pleaded non-assumpsit, &c., and the cause came on for trial before Banks, President, on the 28th of August, 1838. The plaintiff produced his books of original entries, showing the purchase by the defendant, and closed.
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IN ERROR. Error to the Court of Common Pleas of Northampton county. Edwin P. Wollé, brought an action of assumpsit in that Court, against Peter Brown, for goods sold and delivered, &c. The defendant pleaded non-assumpsit, &c., and the cause came on for trial before Banks, President, on the 28th of August, 1838. The plaintiff produced his books of original entries, showing the purchase by the defendant, and closed. The defendant alleged, that the goods sold did not belong to the plaintiff alone, but were the property of William Wollé, Peter Kern and the plaintiff. Several witnesses were…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J. —
There were two things to which the defendant’s evidence was to be directed — the existence of the partnership, and the supposed participation in the business of it, by those who were alleged to have been partners. For the latter of these, the course of tne business and their acts in relation to it, were entirely proper ; and this so far disposes of the case, that only two of its points remain to be noticed..
The declarations of one of the alleged partners, were received as corroborative evidence of the partnership; and the first thing…
2Cases cited3 opinions
- M'Coy v. LightnerSupreme Court of Pennsylvania · 1834
- Martin v. KaffrothSupreme Court of Pennsylvania · 1827
- Wood v. TurnerSupreme Court of Pennsylvania · 1838
3Cited by2 opinions
- Boyd v. Merchants & Farmers Peanut Co.Superior Court of Pennsylvania · 1904
- Chambers v. DavisSupreme Court of Pennsylvania · 1838