Legal Opinion

Thrall v. Wilson

Superior Court of Pennsylvania

Decided July 25, 1901No. Appeal, No. 2PublishedCited by 8 opinions

Appeal, No. 2, Feb. T., 1901, % plaintiffs, from judgment of C. P. Lycoming Co., Dec. T., 1897, No. 117, on verdict for defendant, in case of F. B. Thrall and J. T. Long, trading as F. B. Thrall & Co. v. A. Wilson. Assumpsit for goods sold and delivered. Before Albright, P. J., specially presiding.

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Appeal, No. 2, Feb. T., 1901, % plaintiffs, from judgment of C. P. Lycoming Co., Dec. T., 1897, No. 117, on verdict for defendant, in case of F. B. Thrall and J. T. Long, trading as F. B. Thrall & Co. v. A. Wilson. Assumpsit for goods sold and delivered. Before Albright, P. J., specially presiding. From the record it appeared that in April, 1896, H. G. Stine, who kept a retail grocery store in the city of Williamsport, was largely indebted to Albert Wilson, and for the purpose of paying his indebtedness, Stine executed and delivered to Wilson a bill of sale of, among other things, the stock…

1Opinion of the Court

Opinion by

Rice, P. J.,

In May, 1896, the defendant bought of Stine, a retail grocer, his stock of goods and put Stine in possession as the manager of the business at a salary, to be paid monthly, “ equal to one half of the net profits of the mercantile business so conducted.” The defendant was engaged in a different business elsewhere to which he gave his chief attention, but he admits that he visited the store two or three times a week. From time to time, while so conducting the business, Stine bought goods from the plaintiffs for the store and made payments on account. This action of…

2Cases cited2 opinions

  1. Cote v. SchoenSuperior Court of Pennsylvania · 1896
  2. White v. CooperSupreme Court of Pennsylvania · 1846

3Cited by8 opinions

  1. Davis v. Commonwealth Trust Co.Supreme Court of Pennsylvania · 1939
  2. Bailis v. Reconstruction Finance Corp.Court of Appeals for the Third Circuit · 1942
  3. Gustave Fischer Co. v. MorrisonSupreme Court of Connecticut · 1951
  4. Deliman v. Greek Catholic UnionSupreme Court of Pennsylvania · 1923
  5. Munis v. OliverSuperior Court of Pennsylvania · 1903

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