Gogel v. Jacoby
Supreme Court of Pennsylvania
THIS action was brought by I. I. A. Gogel against Leonard Jacoby, for goods sold and delivered. The 4/7 0 . . . „ . gave notice of set-off of a demand against the plaintiff, originating as follows.
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THIS action was brought by I. I. A. Gogel against Leonard Jacoby, for goods sold and delivered. The 4/7 0 . . . „ . gave notice of set-off of a demand against the plaintiff, originating as follows. L. A. Woershing of Nuremberg, consigned to the plaintiff, who was a citizen of Amsterdam, certain cases of Nuremberg goods, which the defendant had purchased of him with orders to forward them by the first good vessel to the defendant, (who lived in Philadelphia) or his order: but the plaintiff, instead of sending them to the defendant, consigned them to Messrs. Buck Krumbhaar Philadelphia, without…
1Opinion of the Court
The opinion of the Court was delivered by,
Tilghman C. J.
The plaintiff’s action was for goods sold and delivered, and it was supported by evidence concerning which there was no question. The doubt arose, on an account offered by the defendant by way of defalcation. The Judge who tried the cause, was of opinion, that it was not admissible, and the present motion for a new trial, is founded upon the supposed error in this opinion. The hardship of the defendant’s situation has been very earnestly pressed *120by his counsel. The plaintiff resides in Amsterdam. It will be difficult, therefore, for the…
2Cases cited3 opinions
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- Kachlein v. RalstonSupreme Court of Pennsylvania · 1795
- Lessee of Dunlop v. SpeerSupreme Court of Pennsylvania · 1810
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