Hewes v. Taylor
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Chester county: No. 249, to January Term 1872. This was an action of assumpsit by Charles P. Hewes against Elisha B. Taylor.
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Error to the Court of Common Pleas of Chester county: No. 249, to January Term 1872. This was an action of assumpsit by Charles P. Hewes against Elisha B. Taylor. The plaintiff, residing in Chester county, Penna., had been selling phosphate of lime to the firm of Ridgway & Miers residing at Crosswicks, N. J. They were in his debt and desired more phosphate; being unwilling to give them further credit, the defendant as the plaintiff alleged, in consideration of a ton of phosphate delivered to him by the plaintiff, agreed to become responsible for the payment of phosphate sent to Ridgway &…
1Opinion of the Court
The opinion of the court was delivered, February 19th 1872, by
Thompson, C. J.
It seems to us very clear that the letters of the plaintiff of the 9th and 10th of September 1869, to the defendant, actually preceded his of the 9th, especially when taken in connection with the testimony of the plaintiff himself. He testified that his letter of the 9th of September he sent by Nathan T. Hayes, and that in consequence of the message returned, he wrote the letter of the 10th to the defendant, and that the letter of the latter, dated the 9th, was an answer to his of the 10th. It seems obvious that the…
2Cited by7 opinions
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- Smith v. Ostermeyer Realty Co.Indiana Court of Appeals · 1935
- Gray v. Devers Mercantile Co.Court of Appeals of Texas · 1922
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