Legal Opinion

Tischler v. Hofheimer, Son & Co.

Supreme Court of Virginia

Decided March 10, 1887PublishedCited by 5 opinions

Error to judgment of corporation court of city of Norfolk, rendered July 15, 1885, in an action of trespass on the case on a guaranty, wherein Mordecai and Henry Hofheimer, partners in business; as Hofheimer, Son & Co., are plaintiffs, and E. Tischler is defendant. The verdict was for §1,074.65, with interest from April 1, 1883, till paid. The defendant moved to set aside the verdict. The court refused, and entered judgment accordingly.

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Error to judgment of corporation court of city of Norfolk, rendered July 15, 1885, in an action of trespass on the case on a guaranty, wherein Mordecai and Henry Hofheimer, partners in business; as Hofheimer, Son & Co., are plaintiffs, and E. Tischler is defendant. The verdict was for §1,074.65, with interest from April 1, 1883, till paid. The defendant moved to set aside the verdict. The court refused, and entered judgment accordingly. The evidence being certified, defendant obtained a writ of error and supersedeas. Opinion states the case.

1Opinion of the CourtHinton, J.

The claim of Hofheimer, Son & Co. is that the defendant, Tischler, is liable to them in the sum of $1,074.65 for goods sold and delivered by them to one H. Fordonski, between May 7th, 1878, and March 17th, 1883, úpon thé faith of the following written order or letter of credit, to-wit:

“ Portsmouth, Va., May 9th, 1878.
“ Hoeheimer, Son & Co.:
“ Gents—Let Mr. H. Fordonski have as many shoes and. boots as he want, and I see you are getting paid for. Don’t, charge him more as goods is worth.
“ Tours,.
“E. Tischler.”

The plaintiff had a verdict, which the court refused to set aside, whereupon the…

2Cited by5 opinions

  1. Saint v. Wheeler & Wilson Manufacturing Co.Supreme Court of Alabama · 1891
  2. B. F. Goodrich Rubber Co. v. FischSupreme Court of Virginia · 1925
  3. Consolidated Sales Co. v. Bank of Hampton RoadsSupreme Court of Virginia · 1952
  4. White v. CommonwealthSupreme Court of Virginia · 1932
  5. National Surety Co. v. Schultz, Pennsylvania Court of Common Pleas, Lehigh County1923

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