Smith & Co. v. Myler & Aber
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. There were two actions on the case, one to January Term, 1852, No. 129; the other to April Term, 1852, No. 575, by James R. Smith & Co., for the use of Lewis Cooper, v. Myler & Aber. In the first, the claim was for $329.37 with interest, for goods sold and delivered ; and the other was for $875.59 with interest, also, for goods sold, &c.
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Error to the District Court of Allegheny county. There were two actions on the case, one to January Term, 1852, No. 129; the other to April Term, 1852, No. 575, by James R. Smith & Co., for the use of Lewis Cooper, v. Myler & Aber. In the first, the claim was for $329.37 with interest, for goods sold and delivered ; and the other was for $875.59 with interest, also, for goods sold, &c. On the trial, on part of plaintiffs was given in evidence the sworn copy of their account filed in the cases; and there was read a memorandum on the docket in the last case, purporting to be an assignment of…
1Opinion of the Court
The opinion of the Court was delivered, September 22, by
Woodward, J.
These were actions on the case for goods sold and delivered, both of which were tried at the same time, March 31, 1853, on pleas of set-off and payment with leave. The plaintiffs having proved the cause of action, the defendants, to support their plea of set-off, offered in evidence a promissory note of James R. Smith & Co., dated March 7,1851, at eight months, for the sum of $2341.51, payable to the order of Stewart & Bro., and by them endorsed “ without recourse,” and they alleged that $1150.20 of said note, with interest,…
2Cases cited1 opinion
- Murray v. WilliamsonSupreme Court of Pennsylvania · 1810
3Cited by5 opinions
- Hibert v. LangSupreme Court of Pennsylvania · 1895
- Mintz v. Tri-County Natural Gas Co.Supreme Court of Pennsylvania · 1918
- Jack v. KlepserSupreme Court of Pennsylvania · 1900
- Township of Kingston v. GibbonsSupreme Court of Pennsylvania · 1886
- Trexler v. Trexler, Pennsylvania Court of Common Pleas, Lehigh County1930