Carter v. Connell
Supreme Court of Pennsylvania
This was an action of assumpsit brought by Durden B. Carter against John Connell, Francis Worley, and Thomas Welsh, to recover the price of goods sold and delivered by the plaintiff to John Connell.
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This was an action of assumpsit brought by Durden B. Carter against John Connell, Francis Worley, and Thomas Welsh, to recover the price of goods sold and delivered by the plaintiff to John Connell. The action was tried before the Chief Justice, at a Court of Nisi Prius, held at Philadelphia on the 19th of November, 1835. The plaintiff having proved ihe sale and delivery of the goods, ■ gave in evidence certain promissory notes, drawn by Connell for the same, each dated the 8th of June, 1829— One at 5 months for - - - $172 63 “■ at 6 months for - - 172 00 “ at 7 months for • - 172 00 “ at 8…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The defence in this suit embraced the grounds taken in Mason v. Connell, and others not arising in that case. In the first place, the sale by the present plaintiff was made on the 8th June, 1829, which was subsequent to the date of the paper executed by Connell and Worley, revoking the partnership of the 1st September, 1828; and the defendants contended that the firm was, in no event, liable for this debt. The plaintiff answered that the paper of the 1st June, 1829, was antedated ;'and called witnesses to show that Connell was absent from…
2Cases cited1 opinion
- M'Coy v. LightnerSupreme Court of Pennsylvania · 1834
3Cited by3 opinions
- Hopper v. AshleySupreme Court of Alabama · 1849
- Smith v. SillymanSupreme Court of Pennsylvania · 1838
- Stafford v. BaconNew York Supreme Court · 1841