Feigley v. Sponeberger
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Columbia county. George Amos and Nathan Feigley against Daniel Sponeberger, Charles F. Mann, J. F. Mann, Thomas Metzger and Jacob Rapp. This was an action of assumpsit to recover the price of goods and merchandise sold and delivered by the plaintiffs to the defendants.
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ERROR to the Common Pleas of Columbia county. George Amos and Nathan Feigley against Daniel Sponeberger, Charles F. Mann, J. F. Mann, Thomas Metzger and Jacob Rapp. This was an action of assumpsit to recover the price of goods and merchandise sold and delivered by the plaintiffs to the defendants. Daniel Sponeberger and C. F. & J. F. Mann, entered into a contract with the Lehigh Coal and Navigation Company for the construction of a section of the canal; the interest of Sponeberger in the contract was one-half. After the work was partly done, C. F. & J. F. Mann transferred one-half of their…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The only question in this case was whether the defendant, Sponeberger, was liable to pay the plaintiffs for goods sold and delivered by them to the other defendants, as partners of *566Sponeberger, after he had given the plaintiffs notice not to trust them on his credit without an order from him, or he come himself in person. This question seems to have been decided frequently. Chancellor Kent, in treating the subject, says; “ a sale to one partner, in a case within the scope and course of the partnership business, is, in judgment of law, a sale…
2Cases cited1 opinion
- Leavitt v. PeckSupreme Court of Connecticut · 1819
3Cited by3 opinions
- Guillou v. PetersonSupreme Court of Pennsylvania · 1879
- Johnston & Co. v. Dutton's Adm'rSupreme Court of Alabama · 1855
- Babcock v. StewartSupreme Court of Pennsylvania · 1868