Franks v. Stivers

Alleghany County Court of Common Pleas

Franks v. Stivers

1 Add. 46

CourtPennsylvania Court of Common Pleas, Alleghany County

DecidedDecember 15, 1792

StatusPublished

Cited by1 cases

This text of 1 Add. 46 (Franks v. Stivers) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Alleghany County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Franks v. Stivers, 1 Add. 46 (Pa. Super. Ct. 1792).

Pincite

Opinion

President.

As it is admitted, that there ought to be a verdict against the defendant for the surplus; as the want of this is the only real damage, which the plaintiff has suffered ; and as the sale was occasioned by his own gross delinquency ; this does not seem to be a case proper for damages beyond mere compensation ; and it is therefore unecessary for us, to say any thing as to the right of carriers, in such cases; and perhaps, it will conduce most to justice, if they and owners, have a respect for the rights of each other.

Verdict for plaintiff accordingly.

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President.

As it is admitted, that there ought to be a verdict against the defendant for the surplus; as the want of this is the only real damage, which the plaintiff has suffered ; and as the sale was occasioned by his own gross delinquency ; this does not seem to be a case proper for damages beyond mere compensation ; and it is therefore unecessary for us, to say any thing as to the right of carriers, in such cases; and perhaps, it will conduce most to justice, if they and owners, have a respect for the rights of each other.

Verdict for plaintiff accordingly.

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Bluebook (online)

1 Add. 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franks-v-stivers-pactcomplallegh-1792.

Opinion

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