Evans v. Waln
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 119, to July Term 1871. This was an action of assumpsit, brought March 27th 1871, by Edward Wain and others, executors, &c., of S. Morris Wain, deceased, against Manlius Gr. Evans and others, trading as Evans, Wharton & Co. The plaintiffs being owners of 2033 shares of Columbus, Chicago and Indiana Central Railroad stock, employed Markoe & Brother, brokers in Philadelphia, to sell them.
Read the full summary
Error to the District Court of Philadelphia: No. 119, to July Term 1871. This was an action of assumpsit, brought March 27th 1871, by Edward Wain and others, executors, &c., of S. Morris Wain, deceased, against Manlius Gr. Evans and others, trading as Evans, Wharton & Co. The plaintiffs being owners of 2033 shares of Columbus, Chicago and Indiana Central Railroad stock, employed Markoe & Brother, brokers in Philadelphia, to sell them. The stock was sold by the defendants, brokers in New York, through the agency of Frank Wister, another broker in Philadelphia. Wister failed, in debt to -the…
1Opinion of the Court
The opinion of the court was delivered, by
Williams, J.
There is no evidence that the defendants accepted the delivery of the stock by Markoe & Brother, on the condition that Wister’s indebtedness to them should be deducted from the proceeds of sale. No such agreement or understanding can be fairly inferred from the language of the despatch, in pursuance of which the stock was delivered, or from the previous communications between the parties. On the contrary, the whole correspondence shows that the stock was delivered without any such condition, on the defendants’ promise to pay over the net…
2Cited by4 opinions
- Wolverton v. TuttleOregon Supreme Court · 1908
- Snyder v. CastorSupreme Court of Pennsylvania · 1807
- John Fink Agency v. DoughertySuperior Court of Pennsylvania · 1927
- Horlacher v. BearSuperior Court of Pennsylvania · 1906