Breach of Contract Cases

<p>Appeal, No. 193, Jan. T., 1892, by defendants, M. F. Keiter et al., from decree of C. P. Franklin Co., Dec. T., 1889, Ko. 1, on bill in equity, in favor of plaintiffs, H. A. Solilicbter, Presiding Elder of the Cbambersburg District of the Church of the United Brethren in Christ; Theophilus Wagner, Preacher in Charge and Superintendent of the Sunday School; Henry Strealy, Class Leader, and J. F. Fisher, J. N. Sheeley, J. F. Wilt, C. R. Hoover, Simon Burns, E. Bovey and J. Hellane, Trustees of the Church of the United Brethren in Christ at Greencastle, Pa.</p> <p>Bill in equity to restrain defendants from any interference with the services or church property of “ The United Brethren in Christ,” at Greencastle, Pa.</p> <p>The bill alleged that H. A. Schlichter was the presiding elder of the Chambersburg district of the Church of the United BretU ren in Christ, of which district the Greencastle circuit forms a part; that Theophilus Wagner was the preacher in charge of said church at Greencastle, duly and regularly assigned, and the duty appointed superintendent of the Sunday school; that Henry Strealy was the duty and legally elected class leader of said church, and the said J. F. Fisher, J. N. Sheeley, J. F. Wilt, C. R. Hoover, Simon Burns, E. Bovey and J. Hellane the trustees of said church.</p> <p>It then set forth the action of the general conference of the Church of the United Brethren in Christ held in 1885, looking to an amendment of the constitution and a revision of the confession of faith of the church; the action of the general conference of 1889 and of the board of bishops in relation to the amended constitution and revised confession.</p> <p>That after proclamation had been made by a majority of the board of bishops declaring said amended constitution and revised confession of faith to be the constitution and confession of faith of the church, a minority of the bishops and delegates to said conference withdrew therefrom and proceeded to organize another

<p>Street railroads. Independent contractors. Negligence. Verdict. .Before Judge Van Epps. City court of Atlanta. March term, 1891.</p> <p>Reported in the decision.</p>

<p>Appeal from city court, general term.</p> <p>Action by William T. P. Brown against the Baldwin & Gleason Company, Limited, to recover damages for an alleged wrongful discharge from the defendant's service. The plaintiff was employed by the defendant to serve it “exclusively and actively as traveling salesman” under a written contract. He entered upon his duties, but soon thereafter declined to pursue them, upon ■ the ground that they did not include the getting out a line of samples for the trade. Defendant offered evidence tending to show that the preparation of samples was included by the usages of trade in a written contract to act as “traveling salesman;” also to show that the defendant was incapacitated, by habits of intemperance, to fulfill his contract,—all of which the court rejected. The defendant thereupon requested to go to the jury upon the amount of damage sustained by the plaintiff. There was a verdict and judgment for the plaintiff, and the defendant appeals.</p>

<p>ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY.</p> <p>No. 256 October Term 1887, Sup. Ct.; court below, No. 584 December Term 1886, C. P. No. 1.</p> <p>On December 4, 1886, a summons in debt was issued in an action by John W. Cook, for use of A. Cook, against tbe Pennsylvania Natural Gas Company, the United Gas Fuel Company and B. F. Rafferty. On December 14th, the defendants pleaded, nil debet.</p> <p>At the trial on May 11, 1887, the defendants filed the additional plea of non est factum. It then appeared that in May, 1886, J. W. Cook, the plaintiff, under a lease from the Pittsb. & W. R. Co., was in possession of a landing on the Allegheny river, at the foot of School street, Allegheny city, the landing extending some distance above and below said street. School street, at right angles with the river, had never been actually opened, although it was upon the city plan. In an eddy adjacent to the shore, the plaintiff had a floating saw mill, a floating planing mill, and a floating dock for building and repairing barges. Access from the shore to the mills was over a float which lay at the foot of School street, and a bridge connected the float with the mills. By permission of the city, the plaintiff had made a plank road on School street, to reach the landing.</p> <p>The Penn. N. Gas Co. was a corporation, organized under the act of May 29, 1885, P. L. 29, and on May 19, 1886, was constructing aline or lines for the conveyance of natural gas from the foot of School street across the river to the foot of Third street, in Pittsburgh, B. F. Rafferty being in charge of the work. The plaintiff’s float and mills were in the way. Mr. Rafferty proposed to move them and Mr. Cook objected. After some controversy, the company gave to the plaintiff the bond on which suit was brought, and were thereupon permitted to enter and move his float and mills so as to enable them to dig the trench and lay their lines.</p> <p>B. F. Rafferty, one of the defendants, called

<p>Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1880, No. 134.</p> <p>This was’ an action in assumpsit brought by John A. Finney and Ada M. Finney, his wife, for use of fhe said Ada M. Finney, against A. H. Rowand, Jr., to recover the sum of $1965, with interest from August 3d 1875.</p> <p>A. H. Rowand, Jr., the defendant below, by warrantee deed dated August 3d 1875, conveyed to Ada M. Finney certain property in the borough of Verona, county of Allegheny, for the consideration of $2700. He received $1200 cash and a purchase-money mortgage with bond and notes of John A. and Ada M. Finney for $1500, payable in two instalments of $750 each, in four and six months respectively. The four months’ note he endorsed to the Franklin Savings Bank, of Allegheny. The six months’ note was endorsed to the Diamond National Bank, of Pittsburgh. When the first note matured, it was protested for non-payment, and a few days thereafter Finney paid one-half of the amount, and a new note for the other one-half, with interest added, was made by Finney and wife to Rowand’s order, and by him was endorsed to the Franklin Savings bank as before. This second note was also protested for non-payment at maturity. The six months’ note held by the Diamond National Bank was not paid and was protested at maturity. No further payments were made on these notes, and a scire facias was issued on the mortgage to No. 488, April Term 1876, marked A. H. Rowand, for use of the Diamond National Bank and George R. Riddle, trustee of the Franklin Savings Bank, v. Ada M. Finney and John A. Finney, her husband. Finney and wife appeared and made defence to this action, and on the trial there was a verdict against them for $848.92. Judgment was entered on the verdict and the property was sold on a levari facias, following the judgment, to the Diamond National Bank. After these ‘proceedings and sale, the present action was brought, wherein Finney and Avife claimed that