Goldsleger v. Carracciolo
Superior Court of Pennsylvania
Appeal, No. 47, March T., 1916, by defendants, from judgment of C. P. Lackawanna Co., June T., 1911, No. 467, on verdict for plaintiff in case of Harry Goldsleger v. Dominick Carraceiolo and Angelina Carraceiolo. Appeal from judgment of justice of the peace. Assumpsit for goods sold and delivered. The opinion of the. Superior Court states the case. Verdict and judgment for plaintiff for $257.30. Defendant appealed.
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Appeal, No. 47, March T., 1916, by defendants, from judgment of C. P. Lackawanna Co., June T., 1911, No. 467, on verdict for plaintiff in case of Harry Goldsleger v. Dominick Carraceiolo and Angelina Carraceiolo. Appeal from judgment of justice of the peace. Assumpsit for goods sold and delivered. The opinion of the. Superior Court states the case. Verdict and judgment for plaintiff for $257.30. Defendant appealed. Error assigned was in refusing binding instructions for defendant. The wife was within the prohibition of the act: Buzby Soap Co. v. Phelps, 5 Pa. Dist. R. 756; Wiltbank v. Tobler,…
1Opinion of the Court
Opinion by
Orlady, P. J.,
The plaintiff’s testimony clearly demonstrates his attempt to make the wife liable, for the goods sold, as a surety for her husband. Not content with the direction given by the husband, with whom he had previous business transactions, to ship the merchandise “on both names,” he replied “I will see, I will be there in May-field, if this is agreeable to her and she tells me she is satisfied, I will ship the goods out.” Subsequently he visited the wife and said, “your man picked out some goods. Can I ship them in both names, and the wife replied, “Yes, me good for the…
2Cases cited3 opinions
- Bank v. ShortSuperior Court of Pennsylvania · 1900
- Harper v. O'NeilSupreme Court of Pennsylvania · 1899
- Horn v. HutchinsonSupreme Court of Pennsylvania · 1894
3Cited by2 opinions
- Kemper v. RichardsonSuperior Court of Pennsylvania · 1919
- Goldsleger v. VelellaSuperior Court of Pennsylvania · 1932