Odd Fellows Home v. Velenchick Bros.
Superior Court of Pennsylvania
Appeal, No. 290, Oct. T., 1918, by plaintiff, from judgment of C. P. No. 2, Philadelphia Co., June T., 1917, No. 2000, in the case of the Odd Fellows Home of Pennsylvania v. Hyman Velenchick and Samuel Velenchick, trading under the firm name of Velenchick Bros. Assumpsit to recover money alleged to have been wrongfully received. Before Rogers, J. The facts appear in the opinion of the Superior Court. The court directed a verdict for the defendants. Plaintiff appealed.
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Appeal, No. 290, Oct. T., 1918, by plaintiff, from judgment of C. P. No. 2, Philadelphia Co., June T., 1917, No. 2000, in the case of the Odd Fellows Home of Pennsylvania v. Hyman Velenchick and Samuel Velenchick, trading under the firm name of Velenchick Bros. Assumpsit to recover money alleged to have been wrongfully received. Before Rogers, J. The facts appear in the opinion of the Superior Court. The court directed a verdict for the defendants. Plaintiff appealed. Error assigned was in giving binding instructions in favor of the defendants.
1Opinion of the Court
Opinion by
Keller, J.,
The plaintiff is a corporation of the first class, admitted by the pleadings to be a “charitable corporation.” The defendants are engaged in the leaf tobacco business. The present action was brought to recover from the defendants the sum of four checks, aggregating $658, drawn by one Batroff, as treasurer of the plaintiff corporation, to the order of the defendants, and paid out of the corporate funds, for the individual benefit of said Batroff and without any authority or direction of the plaintiff company or any benefit or advantage accruing to it.
It was admitted that…
2Cases cited11 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Ward v. City Trust Co. of New YorkNew York Court of Appeals · 1908
- Loring v. BrodieMassachusetts Supreme Judicial Court · 1883
- Gunster v. Scranton Illuminating, Heat & Power Co.Supreme Court of Pennsylvania · 1897
- Kenworthy v. Equitable Trust Co.Supreme Court of Pennsylvania · 1907
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3Cited by3 opinions
- Fehr v. CampbellSupreme Court of Pennsylvania · 1927
- Norristown-Penn Trust Co. v. MiddletonSupreme Court of Pennsylvania · 1930
- Saperson v. BursteinCourt of Appeals for the Third Circuit · 1921