Wernwag & Dawson v. Phil., W. & B. R. Co.
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS NO. 2, OE PHILADELPHIA COUNTY. No. 76 July Term 1886, Sup. Ct. In the court below, William P. Wernwag and T. Russell Dawson, trading as Wernwag & Dawson, were plaintiffs, and the Philadelphia, Wilmington & Baltimore R. Co. were defendants, in a case stated as follows: And now, February-, 1886, it is hereby agreed by and between the parties to the above suit, that the following case be stated for the opinion of the court in the nature of a…
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ERROR TO THE COURT OE COMMON PLEAS NO. 2, OE PHILADELPHIA COUNTY. No. 76 July Term 1886, Sup. Ct. In the court below, William P. Wernwag and T. Russell Dawson, trading as Wernwag & Dawson, were plaintiffs, and the Philadelphia, Wilmington & Baltimore R. Co. were defendants, in a case stated as follows: And now, February-, 1886, it is hereby agreed by and between the parties to the above suit, that the following case be stated for the opinion of the court in the nature of a special verdict. The defendants are common carriers of goods between Philadelphia, Pa., and Washington, D. C. William P.…
1Opinion of the Court
Opinion,
Mr. Justice Green:
From the facts appearing in the case stated it is manifest that the plaintiff intended to sell, and in point, of fact did consign, the goods in question to A. Behrend and not to L. Behrend. They knew the former and were satisfied to sell to him. They did not know the latter and did not intend to sell to him. They supposed that A. Behrend was intended as the purchaser in the order, though L. Behrend was named. Granting this to be a mistake of theirs in the reading of the order, it does not in the least alter the fact that A. Behrend was the person to whom they…
2Cases cited1 opinion
- Shenk v. Philadelphia Steam Propeller Co.Supreme Court of Pennsylvania · 1869
3Cited by7 opinions
- Freedman v. Geo. W. Bush & Sons Co.Supreme Court of Pennsylvania · 1925
- Stone & Co. v. D., L. & W. R. R.Superior Court of Pennsylvania · 1919
- Dickman v. Daniels Motor Freight, Inc.Superior Court of Pennsylvania · 1958
- Wiesen & Co. v. American Railway Express Co.Superior Court of Pennsylvania · 1926
- Feingold v. American Railway Express Co.Superior Court of Pennsylvania · 1927
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