Legal Opinion

Schenkhouse v. Gibbs

Supreme Court of Pennsylvania

Decided January 15, 1794PublishedCited by 2 opinions

Case. The facts on which the present cause depended, will be found in the report of Ingraham, indorsee, v. Gibbs et at. (2 Dall. 134) ; and the note annexed to it. (Ibid. 136.) The following charge- was delivered to the jury.

1Opinion of the Court

By the Court.

— We are of opinion, that the mode of remitting by a general bill, payable to one merchant, with separate drafts in favor of each of the other merchants, who are interested in the amount of the bill, is a good and lawful execution of the trust and authority of a factor, employed by several distinct and unconnected merchants, resident abroad. No inconvenience can arise from the transaction, if all the parties are apprised of the distributive appropriation. It is essential, however, to such a remittance, that notice should be given to the jjarties. In the present case, there is no…

2Cited by2 opinions

  1. D'Angelo Allen v. State of ArkansasSupreme Court of Arkansas · 2019
  2. Internal Path Ecclesiastical Trust v. Toyota Motor Credit CorporationDistrict Court, Northern Mariana Islands · 2025

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