Wessels v. Weiss Bros.
Supreme Court of Pennsylvania
Appeal, No. 172, July T., 1892, by defendants, Weiss Bros., from judgment of C. P. No. 4, Pbila. Co., Dec. T., 1890, No. 487, on verdict for plaintiffs, G. Wessels & Co. Sheriff’s interpleader. Before Willson, J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 172, July T., 1892, by defendants, Weiss Bros., from judgment of C. P. No. 4, Pbila. Co., Dec. T., 1890, No. 487, on verdict for plaintiffs, G. Wessels & Co. Sheriff’s interpleader. Before Willson, J. The facts appear by the opinion of the Supreme Court. Defendant’s points were, among others, as follows : “ 1. In October, 1890, when Ernest Weiss was asked in New York by G. Wessels if he could pay for the Logwood he had bought, and he said he could, yet if you find from the evidence that in point of fact his obligations were then in excess of his resources and that he ought to have…
1Opinion of the Court
Opinion by
Mr. Justice Green,
In this case the sale of the logwood by Wessels & Co. to E. Weiss & Co. was made in January, 1890, without any inquiry-on the part of the vendors, or any assertion on the part of the vendee, as to the solvency of the vendee, or his ability to pay. There is no pretence that the sale was procured to be made by means of any imposition, trick, artifice or false representation of any kind. The logwood was sold to arrive at a later time, and did not arrive until in November, 1890. Prior to its arrival, in October, 1890, the plaintiffs, having received a report that the…
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