League v. Waring & Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1877, No. 158. Assumpsit by William League against E. J. Waring & Co. On the 8th of December 1873, League entered into a written contract with E. J. Waring & Co., to deliver to them 12,000 oil barrels during the year 1874. The barrels were to be delivered at the rate of 500 barrels during the first and last half of each month.
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term 1877, No. 158. Assumpsit by William League against E. J. Waring & Co. On the 8th of December 1873, League entered into a written contract with E. J. Waring & Co., to deliver to them 12,000 oil barrels during the year 1874. The barrels were to be delivered at the rate of 500 barrels during the first and last half of each month. Payments were to be made on each 500-barrel lot as delivered, with thirty-day paper drawn on Waring Bros. & Co., Philadelphia. League received from E. J. Waring & Co., for…
1Opinion of the CourtJustice Paxson
We think the court below erred in refusing the plaintiff’s first point. The learned judge was asked to say “that under the agreement between William League and E. J. Waring & Co., they, E. J. Waring & Co., were to be the makers or drawers of the paper therein mentioned, and therefore the drafts of Waring Bros, on Waring Bros. & Co., which were accepted by League, would be only conditional payment of E. J. Waring & Co.’s indebtedness to League, unless there was an agreement or understanding between League and E. J. Waring & Co., that they were to be received by League as absolute payment; and…
2Cited by8 opinions
- N. Holmes & Sons v. Briggs & DrumSupreme Court of Pennsylvania · 1890
- Commonwealth v. SandersonSuperior Court of Pennsylvania · 1909
- Shepherd v. BuschSupreme Court of Pennsylvania · 1893
- Lauer v. YetzerSuperior Court of Pennsylvania · 1897
- Martin v. BreckenridgeCourt of Appeals for the Fourth Circuit · 1926
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