44 F. 369 | E.D. Pa. | 1890
(after stating the facts as above.') The libelant contends that the enumeration should include the day of “readiness” and also that of “dispatch.” The respondents deny that either should be included. The natural reading of the language sustains the denial. The weight of legal authority also sustains it, — unless the contract falls within an exception stated, where a “present interest is vested.” As is said by the supreme court of this state, (Cromelien v. Brink, 29 Pa. St. 522,) “the man who undertakes to reconcile the English decisions on the legal computation of time will find himself usually engaged in a hopeless task.” The remark may be applied with equal truth to the American decisions. In Pennsylvania, Goswiler's Appeal, 8 Pen. &W. 200, was overthrown by Thomas v. Afflick, 16 Pa. St. 14, which after being followed in Barber v. Chandler, 17 Pa. St. 48, was itself overthrown by Cromelien v. Brink, and Goswiler's Appeal again set on its feet. This case (Cromelien v. Brink) presents a full review of the question and the authorities and settles the rule in conformity with the weight of authority elsewhere. Nothing need be added to what there is said. It exhausts the subject.
The
The libel must be dismissed, with costs.