Wanamaker v. Yerkes
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 222, to January Term 1871. On the 1st of May 1869, an action of assumpsit between Harman Yerkes, plaintiff, and John Wanamaker, defendant, was commenced in the District Court of Philadelphia.
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Error to the District Court of Philadelphia: No. 222, to January Term 1871. On the 1st of May 1869, an action of assumpsit between Harman Yerkes, plaintiff, and John Wanamaker, defendant, was commenced in the District Court of Philadelphia. The declaration was that the defendant was indebted to the plaintiff “for ready-made clothing, being the property of the said plaintiff, which the defendant detained and withheld from the plaintiff, and being so indebted,” &e., promised to pay, &c. The plaintiff’s testimony was that on the 17th of November 1868, he presented to a clerk of the defendant at…
1Opinion of the Court
The opinion of the court was delivered, March 11th 1872, by
Thompson, C. J.
The doctrine applicable to this case is no new doctrine, and needs no elaborate discussion. The plaintiff brought to the defendant an order for goods (clothing) drawn on him by one Alexander Sloan. It was dated the 29th of October 1868, but was not presented until the 17th November. On the morning of that day the order was accepted by a clerk in the defendant’s store, and such clothing was selected and put into bundles as the plaintiff desired to take on the order, with the exception of some he wore away with him; the…
2Cited by1 opinion
- In re Manuel J. Portuondo Co.District Court, E.D. Pennsylvania · 1905