Tagg v. Bowman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1-, of Philadelphia county: Of January Term, 1884, No. 234.- Assumpsit, by John T. Tagg to the use of Horace F. Weeks, against Jonas Bowman, to recover certain rents collected by the defendant under a power of attorney from the plaintiff. Pleas, non-assumpsit, payment with leave, set-off, &c.
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Error to the Court of Common Pleas, No. 1-, of Philadelphia county: Of January Term, 1884, No. 234.- Assumpsit, by John T. Tagg to the use of Horace F. Weeks, against Jonas Bowman, to recover certain rents collected by the defendant under a power of attorney from the plaintiff. Pleas, non-assumpsit, payment with leave, set-off, &c. On the trial, before Peirce, J., the following facts appeared: In January, 1877, Tágg purchased from Bowman a piece of land in Montgomery County, and as part consideration gave Bowman a bond and mortgage for $4,666.66, secured upon property, owned by him (Tagg), at…
1Opinion of the CourtJustice Sterrett
When this case was here on former writ of error the principles springing from the relation that existed between plain*276tiff and defendant, as principal and agent, were clearly stated in the opinion of this court, delivered by the present Chief Justice, wherein it is said, inter alia: “ By accepting the letter of attorney the defendant assumed the obligation and assented to the terms imposed on him. It thereby became Ms duty to collect the rents and pay over the same to the several persons in the order therein specified. His right to retain any portion thereof, or to apply it to the debt due…
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