Dougherty v. Hunter
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was a scire facias in a foreign attachment, in which Mark Hunter and John A. Chowne were plaintiffs and The Albert Freestone Company defendants and Philip Dougherty "was garnishee. The foreign attachment was issued June 21st 1861, and judgment was obtained against the defendants. On the 10th of May 1862 the scire facias was issued against the garnishee, who pleaded “ nulla bona.”
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Error to the District Court of Philadelphia. This was a scire facias in a foreign attachment, in which Mark Hunter and John A. Chowne were plaintiffs and The Albert Freestone Company defendants and Philip Dougherty "was garnishee. The foreign attachment was issued June 21st 1861, and judgment was obtained against the defendants. On the 10th of May 1862 the scire facias was issued against the garnishee, who pleaded “ nulla bona.” The defendants were a corporation of New York, engaged in quarrying and selling stone. A. H. Bean was the president of the company, and there was evidence that he…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
If Bean, the president of the “ Albert Freestone Company,” was in the habit of acting as a business agent for the company with its knowledge and without objection, making sales, settling accounts and collecting debts, actual authority might be inferred from such acts and the company would be bound by them: 12 Wheat. 64; 11 S. & R. 179; and 2 Harris 81. The primary question on the trial of this cause in the court below, we think was whether the president did act as business agent of the company, and while so acting did settle the company’s…
2Cases cited1 opinion
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
3Cited by10 opinions
- Hartzell v. Ebbvale Mining Co.Supreme Court of Pennsylvania · 1913
- Mynick v. BickingsSuperior Court of Pennsylvania · 1906
- Severance v. Heyl & Patterson, Inc.Superior Court of Pennsylvania · 1936
- Culver v. Pocono Spring Water Ice Co.Supreme Court of Pennsylvania · 1903
- Wood Co. v. McCutcheonSuperior Court of Pennsylvania · 1939
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