Legal Opinion

Kountz v. Kirkpatrick & Lyons

Supreme Court of Pennsylvania

Decided January 6, 1873No. 86PublishedCited by 22 opinions

Error to the Court of Common Pleas of Allegheny county: No. 86, to October Term 1872. This was an action of assumpsit, brought August 30th 1870,’ by Joseph Kirkpatrick and James Lyons, trading as Kirkpatrick & Lyons, to the use of Frederick Fisher and others, trading as Fisher Brothers, against William J. Kountz.

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Error to the Court of Common Pleas of Allegheny county: No. 86, to October Term 1872. This was an action of assumpsit, brought August 30th 1870,’ by Joseph Kirkpatrick and James Lyons, trading as Kirkpatrick & Lyons, to the use of Frederick Fisher and others, trading as Fisher Brothers, against William J. Kountz. The claim was upon the following memorandum set out in the plaintiff’s affidavit:— “Pittsburg, June 7th 1869. “Sold to Kirkpatrick & Lyons, two thousand barrels good, green merchantable crude petroleum, forty gallons to the barrel, gravity ,40 to 46 degrees, at a temperature of 60°…

1Opinion of the Court

The opinion of the court was delivered, by

Agnew, J.

— The second, third, fifth, sixth, seventh, eighth, eleventh, twelfth, thirteenth, fourteenth, fifteenth and sixteenth errors, are not well assigned, for all the answers of the court to the points were omitted. When a court simply refuses a point, the error is well assigned by reciting the point, and stating that it was refused. But when the judge answers specially, in order to introduce a qualification he deems necessary to make his instruction correct, the answer must be recited as well as the point. We shall not decline considering,…

2Cases cited5 opinions

  1. Ramsey's AppealSupreme Court of Pennsylvania · 1834
  2. Herman v. BrookerhoffSupreme Court of Pennsylvania · 1839
  3. Northampton Bank v. BallietSupreme Court of Pennsylvania · 1844
  4. Wilson v. M'NealSupreme Court of Pennsylvania · 1840
  5. Wilson v. DavisSupreme Court of Pennsylvania · 1843

3Cited by22 opinions

  1. Incollingo v. EwingSupreme Court of Pennsylvania · 1971
  2. Neuman v. Corn Exchange National Bank & Trust Co.Supreme Court of Pennsylvania · 1946
  3. Lloyd v. HaughSupreme Court of Pennsylvania · 1909
  4. Theiss v. WeissSupreme Court of Pennsylvania · 1895
  5. Orth & Bro. v. Board of EducationSupreme Court of Pennsylvania · 1922

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