Schmertz v. Dwyer
Supreme Court of Pennsylvania
In the Court of Common Pleas of Allegheny county, to which the writ of error was issued, this case was an action of assumpsit, brought February 4th 1864, by James Dwyer against R. C. Schmertz and James Blakely, trading as Schmertz & Blakely.
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In the Court of Common Pleas of Allegheny county, to which the writ of error was issued, this case was an action of assumpsit, brought February 4th 1864, by James Dwyer against R. C. Schmertz and James Blakely, trading as Schmertz & Blakely. On the 15th of July 1862, Dwyer, the plaintiff, residing in Bahia, Brazil, wrote to Fulton & Co. a letter, of which the following extracts are the material parts:— “ Gentlemen: — Having been recommended to me by our mutual friend, Mr. Wilson, the American consul, I take the liberty of send ing you an order hereby for an assortment of lamps and oil to the…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
The court below committed no error in assenting to the plaintiff’s 1st point, in which the law was stated to be that upon the shipment by the defendants, at and from Pittsburgh to the plaintiff at Bahia, Brazil, of oil and lamps as per his order, that the goods thereupon passed to and vested in the plaintiff. That this was fully expected and intended by the defendants themselves, is very apparent from their advices and accompanying bill forwarded to the plaintiff under date of September 29th 1862, in the former of which they say, “ We have…
2Cases cited1 opinion
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