Blumenthal v. Green
Superior Court of Pennsylvania
Appeal, No. 57, Oct. T., 1912, by defendant, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1909, No. 2,991, on verdict for plaintiff in case of William Blumenthal and William Shiller, Copartners, trading as Blumenthal, Shiller & Co., v. Nicholaus Green, trading as Empire Cloth Examining, Sponging & Refinishing Works. Assumpsit on a contract. Before Sulzberger, P. J. The opinion of the Superior Court states the case.
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Appeal, No. 57, Oct. T., 1912, by defendant, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1909, No. 2,991, on verdict for plaintiff in case of William Blumenthal and William Shiller, Copartners, trading as Blumenthal, Shiller & Co., v. Nicholaus Green, trading as Empire Cloth Examining, Sponging & Refinishing Works. Assumpsit on a contract. Before Sulzberger, P. J. The opinion of the Superior Court states the case. The court charged in part as follows: [This is a case (a very rare case) wherein you have evidence of willful and corrupt perjury on the part of the defendant, very thorough…
1Opinion of the Court
Opinion by
Rice, P. J.,
The plaintiffs alleged in their statement of claim that they had intrusted to the defendant thirteen pieces of cloth to be sponged, under an express agreement between the parties that the defendant would be responsible for all damages done to the cloth, whilst in his possession, either by fire, water, or otherwise; that whilst the cloth was in his possession it was damaged by water used in extinguishing a fire; that they refused to accept the damaged cloth as their property, and immediately notified the defendant that they would hold it for his account; and that, upon…
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