Righter, Cowgill & Co. v. Philadelphia Warehouse Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 3, of Philadelphia county: Of July Term 1881, No. 47. Assumpsit by William W. Righter and Edward L. Cowgill, trading as Righter, Cowgill & Co., against the Philadelphia Warehouse Co., to recover the disputed balance of an account of sale of collaterals, held by defendant as security for a loan to plaintiffs.
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Error to the Court of Common Pleas No. 3, of Philadelphia county: Of July Term 1881, No. 47. Assumpsit by William W. Righter and Edward L. Cowgill, trading as Righter, Cowgill & Co., against the Philadelphia Warehouse Co., to recover the disputed balance of an account of sale of collaterals, held by defendant as security for a loan to plaintiffs. On the trial, before Einletter, J., the following facts appeared : — The Philadelphia Warehouse Company was chartered in 1871 by the Legislature of Pennsylvania, with power, inter alia, “ to advance money and credits upon any property within its…
1Opinion of the CourtJustice Sterrett
If the testimony tended to prove that the transaction between the parties was merely a cloak for usury, and not a bona fide contract, for the storage and sale of the goods, to secure the loan in question, it must be conceded the jury should have been permitted to consider and pass upon the question of fact presented by the plaintiffs’ first and second points: but, we fail to discover, in the provisions of the contract itself, or in the facts and circumstances connected therewith, from its inception to its completion, anything from which the jury would have been justified in finding that it…
2Cited by4 opinions
- Ashland National Bank v. ConleyCourt of Appeals of Kentucky (pre-1976) · 1929
- Gordon v. Mohawk Bond & Mortgage Co.Supreme Court of Pennsylvania · 1934
- Philadelphia Warehouse Co. v. SeemanCourt of Appeals for the Second Circuit · 1925
- Melnicoff v. Huber Investment Co.Pennylvania Municipal Court, Philadelphia County · 1929