Legal Opinion

Harrison, Frazier & Co. v. Mora, Ona & Co.

Supreme Court of Pennsylvania

Decided July 13, 1892No. Appeal, No. 412PublishedCited by 3 opinions

Appeal, No. 412, Jan. T., 1891, by plaintiffs, Harrison, Frazier & Co., from judgment of C. P. No. 4, Phila. Co., Sept. T., 1889, No. 57, on verdict for garnishees, Perkins & Welsh, for goods and money attached as the property of defendants, Mora, Ona & Co. Foreign attachment for goods and money, claimed by garnishees on lien for advances. . On the trial before Willson, J., the evidence was to the following effect: Defendants were dealers in sugar in Cuba.

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Appeal, No. 412, Jan. T., 1891, by plaintiffs, Harrison, Frazier & Co., from judgment of C. P. No. 4, Phila. Co., Sept. T., 1889, No. 57, on verdict for garnishees, Perkins & Welsh, for goods and money attached as the property of defendants, Mora, Ona & Co. Foreign attachment for goods and money, claimed by garnishees on lien for advances. . On the trial before Willson, J., the evidence was to the following effect: Defendants were dealers in sugar in Cuba. Perkins & Welsh, in New York, were their general factors. Plaintiffs were manufacturers of sugar in Philadelphia. In the spring of 1889,…

1Opinion of the Court

Opinion by

Mb.. Justice Green,

As we understand the contentions and concessions of the parties, it is to be considered that if the plaintiffs had accepted the draft for the sugars shipped by the Sagua the proceeds would have been received by Perkins & Welsh, and would have been placed by them to the credit of Mora, Ona & Co., on their general account with Perkins & Welsh. This would have been in accordance with the general arrangement or mode of business between Perkins & Welsh and Mora, Ona & Co. The proceeds of the accepted draft would not have gone to Mora, Ona & Co. at all, and there was…

2Cases cited4 opinions

  1. Schmertz v. DwyerSupreme Court of Pennsylvania · 1867
  2. Holmes, Lafferty & Co. v. German Security BankSupreme Court of Pennsylvania · 1878
  3. Holmes v. BaileySupreme Court of Pennsylvania · 1879
  4. Baugh v. KirkpatrickSupreme Court of Pennsylvania · 1867

3Cited by3 opinions

  1. Sloan v. JohnsonSuperior Court of Pennsylvania · 1902
  2. Sturgeon Bay Bank v. McLaughlinSuperior Court of Pennsylvania · 1916
  3. Storey v. HersheySuperior Court of Pennsylvania · 1902

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