Appeal of Lane
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term, 1886, No. 75. This was an appeal by David H. Lane and Henry G. Clement from the decree of said court in discharging a rule to show cause why a judgment entered on a bond by virtue of a power of attorney should not be opened, and they be let into a defence.
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Appeal from the Court of Common Pleas, No. 2, of Philadelphia county: Of January Term, 1886, No. 75. This was an appeal by David H. Lane and Henry G. Clement from the decree of said court in discharging a rule to show cause why a judgment entered on a bond by virtue of a power of attorney should not be opened, and they be let into a defence. The following are the facts of the case as shown by the depositions : Prior to 1874, Charles Hooper was a bill clerk in the employ of the Trustees of the Philadelphia Gas Works. In the position of bill clerk it was his duty to make out bills against gas…
1Opinion of the CourtJustice Mercur
The comprehensive language of the bond is such as to preclude the application of the rule claimed by the appellants. The recital declares Hooper has been employed by the trustees of the Philadelphia Gas Works “ to do and perform whatever kind of work, service or duty, which he may be assigned to by the said trustees, or those in their employment.” The conditions are that he shall well and truly perform, execute and discharge “ all and every employment, work, service or duty which he may be assigned to as aforesaid,” or which he may assume or undertake for or on behalf of said trustees, and…
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