Tompkins v. Saltmarsh
Supreme Court of Pennsylvania
IN ERROR. ■ Writ of error to the Court of Common Pleas of Bradford county. brought this action against Isaac Tompkins, the plaintiff in error, an.d filed a declaration containing five counts.
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IN ERROR. ■ Writ of error to the Court of Common Pleas of Bradford county. brought this action against Isaac Tompkins, the plaintiff in error, an.d filed a declaration containing five counts. The first three, which nearly resembled each other, alleged, that Saltmarsh delivered to Tompkins, at Georgetown, in the District of Columbia, five bank-bills of fifty dollars each, to be conveyed.by him to Athens, Bradford county, Pennsylvania, there to be delivered to the plaintiff; that the defendant undertook safely and securely to keep the said bills, and safely to deliver them to the plaintiff, but…
1Opinion of the Court
The opinion of the court was delivéred by
DtrNCAN, J.
A question is not made, whether the proof met the allegation of the plaintiff. The declaration states, that the bills were to be delivered to Orlando; the evidence was, that they were to be delivered to D. Alanson. I doubt very much whether the plaintiff could recover on that evidence. Giving, however, no opinion on this, but confining myself to the errors assigned,- I pro-’ ceed to inquire whether the testimony of Duna S. Upson and of Abisha Jenkins, the letter from Tompkins to Upson, and the proof of the conversation between D. Alanson and…
2Cases cited1 opinion
- Taylor v. MasonSupreme Court of the United States · 1824
3Cited by8 opinions
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- Tucker v. HennikerSupreme Court of New Hampshire · 1860
- Haynie v. Waring & Co.Supreme Court of Alabama · 1856
- Knowles v. Atlantic & St. Lawrence RailroadSupreme Judicial Court of Maine · 1854
- First National Bank v. Ocean National BankNew York Court of Common Pleas · 1874
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