Legal Opinion

Murphy v. Cress

Supreme Court of Pennsylvania

Decided December 31, 1836PublishedCited by 2 opinions

This was a writ of error to the District Court for the city and county of Philadelphia, to remove the record of an action on the case brought by George H. Cress against Francis Murphy. The plaintiff declared in indebitatus assumpsit, for goods sold and delivered.

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This was a writ of error to the District Court for the city and county of Philadelphia, to remove the record of an action on the case brought by George H. Cress against Francis Murphy. The plaintiff declared in indebitatus assumpsit, for goods sold and delivered. At the trial before Joptes, J., on the pleas of non assumpsit and payment, &c., the plaintiff gave in evidence his book of . original entries, showing alleged sales of wood to the defendant at different times; the first entry commencing with the 9th of June, 1831, and the last purporting to have been made on the 20th of December,…

1Opinion of the Court

The opinion of the court Was delivered by

Hustojt, J.

This suit was biought by CreSS to recover the price of wood, alleged to be sold to F. Murphy, the defendant below.

Murphy admitted that he had received some wood, and produced receipts, five in number, for the payment of different sums, amounting to $134—the first dated the 12th of October’, 1832, and the last the 21st of September, 1833; which he alleged was in full of all the wood he had got from plaintiff. As to the rest of the plaintiff’s demand, he alleged that the wood was not Sold or delivered to him, but to A. G. Murphy and Jesse…

2Cases cited3 opinions

  1. Poultney v. RossSupreme Court of the United States · 1788
  2. Brown v. Sutter, Pennsylvania Court of Common Pleas, Philadelphia County1788
  3. Baisch v. HoffSupreme Court of Pennsylvania · 1792

3Cited by2 opinions

  1. Baisch v. HoffSupreme Court of Pennsylvania · 1792
  2. Sinsheimer v. William Skinner Manufacturing Co.Appellate Court of Illinois · 1894

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