Kelsey v. National Bank of Crawford Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Orawford county: Of October and November Term 1870, No. 99. This was an action of assumpsit, brought June 4th 1867, by Joseph Kelsey against The National Bank of Crawford County.
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Error to the Court of Common Pleas of Orawford county: Of October and November Term 1870, No. 99. This was an action of assumpsit, brought June 4th 1867, by Joseph Kelsey against The National Bank of Crawford County. The plaintiff’s declaration was as follows:— “For that whereas, on the 26th day of January 1865, the said bank was robbed by some person, then unknown, of about one hundred thousand dollars, and did, on said day, offer a reward of five thousand dollars for the arrest of the thief; said sum of money to be paid by the said bank to the person arresting the thief. Now, the plaintiff,…
1Opinion of the Court
The opinion of the court was delivered, October 30th 1871, by
Williams, J.
It is not necessary to decide whether the cashier ex officio had authority to offer the reward in question for the detection of the thieves that robbed the bank. If he had no authority, the bank is liable for the reward if the offer was acquiesced in and ratified by the directors. The law is well settled, that a principal who neglects promptly to disavow an act of his agent, by which the latter has transcended his authority, makes the act his own: Bredin v. Dubarry, 14 S. & R. 30; and the maxim which makes ratification…
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