Trask v. Duval
This text of 24 F. Cas. 136 (Trask v. Duval) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The promise stated in the declaration is absolute, to pay when the goods should be delivered, and the amount of freight ascertained. The promise proved is conditional, to pay the freight, if Coucier, the owner of the goods, did not. In the one case, there was no necessity to demand payment of Coucier before the defendant’s liability would arise; in the other, such demand was essential. The variance therefore is substantial, and the plaintiffs ought to be called. Nonsuit.
On motion the nonsuit was set aside, and leave given to amend, on paying costs.
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Cite This Page — Counsel Stack
24 F. Cas. 136, 4 Wash. C. C. 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trask-v-duval-circtdpa-1821.