Thomas v. Pennsylvania Railroad

Citations

• 19 Del. 81
• 3 Penne. 81
• 50 A. 285
• 1900 Del. LEXIS 58

Syllabus

<p>Foreign Attachment— Case—Demurrer—Pleading —Duplicity—Repugnancy—Corporation—Consignment of Goods—Countermanding Delivery.</p> <p>1. Where each count of a declaration sets forth a verbal agreement that the goods and chattels which are the subject of the suit, were to be delivered according to the direction of the plaintiff and not to the consignee; but also expressly avers that such verbal agreement was subject to the terms and conditions of a written receipt given by the defendant to the plaintiff at the time of shipment, by the terms of which the said goods and chattels were to be delivered to the consignee at a certain place; the said counts will be adjudged bad, and a demurrer thereto sustained.</p> <p>2. If 'the two averments relate to the same transaction they are open to the charge of repugnancy. If they relate to different and separate transactions they are bad because of duplicity, as joining two separate and distinct causes of action in one count.</p>