Morberger v. Hackenberg
Supreme Court of Pennsylvania
IN ERROR. In the Court of Common Pleas of Schuylkill county, a verdict and judgment were rendered in this cause in favour of Lazarus Hackeriberg, the .plaintiff below, against Simon Morberger, the defendant below and plaintiff in error, for the sum of one hundred and six dollars and eighty-four cents, and the cause was now removed by writ of error.
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IN ERROR. In the Court of Common Pleas of Schuylkill county, a verdict and judgment were rendered in this cause in favour of Lazarus Hackeriberg, the .plaintiff below, against Simon Morberger, the defendant below and plaintiff in error, for the sum of one hundred and six dollars and eighty-four cents, and the cause was now removed by writ of error. The plaintiff below, a merchant residing in Philadelphia, sent goods by the defendant, a common carrier, to be delivered at the house of John Hammer, a merchant in Orwigsburg. It appeared in evidence, that Hammer gave a written order to the…
1Opinion of the Court
The opinion of the court was delivered by
Tilghman, C. J.
The evidence on both sides having been given, the counsel for the defendant, requested the president of the court, *28“ to deliver his opinion on some points, with his answers therefor, in writing, and file the same of record in the cause,” according to the provision of the act of the 24th of February, 1806, sect. 25.
I will take notice first, of the fourth point, because it is the most material. The question proposed to the court was this: “If the plaintiff sent more goods, in virtue of his understanding with Hammer, did not the property…
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