Myers v. Brice
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 3, for Philadelphia County. Assumpsit by William Brice, John Allen, and Ephraim Brice, trading as Brice, Allen & Co., against Josiah B. Myers, to recover a drawback upon advances upon butter, shipped to England, as alleged, through, the plaintiffs on account of the defendant.
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Error to the Court of Common Pleas, No. 3, for Philadelphia County. Assumpsit by William Brice, John Allen, and Ephraim Brice, trading as Brice, Allen & Co., against Josiah B. Myers, to recover a drawback upon advances upon butter, shipped to England, as alleged, through, the plaintiffs on account of the defendant. Upon the trial in the Court below, the plaintiffs called G. JH. ¡¡¡¡wester, who identified the following receipts: “Received, Philadelphia, October 7th, 1S74, of Messrs. Brice, Allen & Co. six hundred and ninety dollars as advance upon butter, purchased October 6th, 1874. “$690/&.…
1Opinion of the Court
— The decision of the Court was delivered by
Green, J.
There is no merit whatever in the first assignment of error. Certainly, the Court should not have rejected the receipts on the assumption that Kahoe, the agent, had no authority to sign them. Admittedly, Kahoe was the agent of the defendant, sent by him to the plaintiffs for the transaction of this particular business. He did receive the money, which was accepted and retained by the defendant. ■ The money was paid by the plaintiffs upon account of the trans*391action in question, and the selected agent of the defendant having full power to…
2Cases cited1 opinion
- Welsh v. SpeakmanSupreme Court of Pennsylvania · 1844