Legal Opinion

Stevenson v. Burgin

Supreme Court of Pennsylvania

Decided February 13, 1865PublishedCited by 3 opinions

Certificate from the Supreme Court at Nisi Prius. This was an action of assumpsit by John B. Stevenson against 'George H. Burgin, George H. Burgin, Jr., Charles E. Burgin, John N. Burgin, and William M. Burgin, partners trading as Burgin & Sons.

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Certificate from the Supreme Court at Nisi Prius. This was an action of assumpsit by John B. Stevenson against 'George H. Burgin, George H. Burgin, Jr., Charles E. Burgin, John N. Burgin, and William M. Burgin, partners trading as Burgin & Sons. The plaintiff charged in his declaration that defendants, January 30th 1863, at the city of Philadelphia, bargained for _ and bought of plaintiff, and that plaintiff at request of defendants then sold to defendants a large quantity of goods, to wit, one .hundred tons of oil-cake at the rate of $48.50 per ton, cash, to be delivered by plaintiff to…

1Opinion of the Court

The opinion of the court was delivered, by

Strong, J.

By the contract between the parties the plaintiff undertook to deliver to the defendants one hundred tons of oil-cake, free on shipboard a vessel for London, for which the defendants engaged to pay cash on delivery, at the rate of forty-eight dollars and fifty cents per ton. Soon afterwards the vessel was engaged by the defendants, and the plaintiff put on board one hundred and seven tons in bags, taking bills of lading in his own na,me, for 952 bags oil-cake, or 96 tons, 13 cwt. 13 lbs. gross, the tons being each 2240 pounds. This, after…

2Cases cited2 opinions

  1. Smith v. LoomisSupreme Court of Connecticut · 1828
  2. Nichols v. WhitingSupreme Court of Connecticut · 1792

3Cited by3 opinions

  1. Bamberger Bros. v. BurrowsSupreme Court of Iowa · 1910
  2. Meyercord Co. v. P. H. Butler Co.Superior Court of Pennsylvania · 1922
  3. Willard v. TatumCalifornia Supreme Court · 1893

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