Breinig v. Meitzler
Supreme Court of Pennsylvania
Error, to the Common Pleas of Lehigh county. This was an appeal from the judgment of a justice of the peace, in an action by George Meitzler v. George Breinig, brought to recover for clothing and materials for such, and for other articles sold to the defendant’s wife, who, at the time, was living separately from him. It was alleged on the one part, that she had left him with sufficient cause ; on his part, that she had not such cause.
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Error, to the Common Pleas of Lehigh county. This was an appeal from the judgment of a justice of the peace, in an action by George Meitzler v. George Breinig, brought to recover for clothing and materials for such, and for other articles sold to the defendant’s wife, who, at the time, was living separately from him. It was alleged on the one part, that she had left him with sufficient cause ; on his part, that she had not such cause. She left him in June, 1848, and the property was furnished her within some months afterwards. The plaintiff below offered in evidence his book account,…
1Opinion of the Court
The opinion of the Court was delivered by
Black, C. J.
This was assumpsit for goods sold and delivered to the wife of the defendant below. She wras living apart from her husband. To justify a recovery it was necessary for the plaintiff to show, 1. That the goods were delivered; 2. That they were necessaries; and 3. That the wife had separated from her husband for good cause. These facts were all found by the jury; but the plaintiff in error alleges that they were found upon illegal evidence and in consequence of wrong instructions.
I. To establish the sale and delivery, the plaintiff’s shop-book…
2Cited by6 opinions
- Howe v. HoweSuperior Court of Pennsylvania · 1901
- Tolomeo v. Harmony Short Line Motor Transportation Co.Supreme Court of Pennsylvania · 1944
- Gimbel Bros. v. PintoSuperior Court of Pennsylvania · 1958
- Bickerton v. TanneySuperior Court of Pennsylvania · 1950
- First Pennsylvania Banking & Trust Co. v. Crozer, Pennsylvania Court of Common Pleas, Chester County1971
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