Hubbert v. Borden
Supreme Court of Pennsylvania
Error, to the District Court for the City and County of Philadelphia. Holden Borden and Tully Bowen, trading as Borden & Bowen, brought an action on the case in the court below to December Term, 1835, against John Hubbert.
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Error, to the District Court for the City and County of Philadelphia. Holden Borden and Tully Bowen, trading as Borden & Bowen, brought an action on the case in the court below to December Term, 1835, against John Hubbert. The declaration s.et forth in the first count, that “whereas heretofore, to wit, on the 1st day of April, in the year 1835, at the county of Philadelphia aforesaid, the said plaintiffs, by their agents Thomas & Martin, at the special instance and request of the said John: Hubbert, bargained with the said John, to buy of him the said John Hubbert, and the said John then and…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
Three questions appear to embrace all that is material in the errors assigned. First; can .this action be maintained in the names of the plaintiffs below, by showing that the written agreement, given in evidence on the trial, was made by the defendant there, with Thomas & Martin, for the benefit of the plaintiffs below; and that Thomas & Martin were employed by them to obtain from the defendant the engagement contained in said agreement on his part to be performed, for the breach of which this action has been instituted 1 Second; supposing…
2Cases cited2 opinions
- LIVINGSTON v. SwanwickSupreme Court of the United States · 1793
- Callaghan v. HallSupreme Court of Pennsylvania · 1814
3Cited by11 opinions
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- Tasin v. BastressSupreme Court of Pennsylvania · 1925
- Horwath v. SimonSuperior Court of Pennsylvania · 1928
- Baker v. WainwrightCourt of Appeals of Maryland · 1872
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