Farmers' & Mechanics' National Bank v. King
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 62, to January Term 1867. In the court below, this was a scire facias against the Farmers’ and Mechanics’ National Bank, garnishees in a foreign attachment in which Robert P. King was plaintiff, and John H. Curtis, Jr., was defendant. On the trial it appeared that John H. Curtis and the defendant had been in partnership as real estate brokers and agents under the name of John H. Curtis & Son.
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Error to the District Court of Philadelphia: No. 62, to January Term 1867. In the court below, this was a scire facias against the Farmers’ and Mechanics’ National Bank, garnishees in a foreign attachment in which Robert P. King was plaintiff, and John H. Curtis, Jr., was defendant. On the trial it appeared that John H. Curtis and the defendant had been in partnership as real estate brokers and agents under the name of John H. Curtis & Son. John H. Curtis died on the 4th of February 1864, and the business was afterwards continued by the defendant alone, under the same name. He was agent for…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
There was evidence at the trial that the money which had been deposited in the bank by John H. Curtis was not his own, but that it belonged to his clients. He obtained it as their agent, and he held it as such. And, had the additional evidence offered been received, it would have appeared that at least $835.81 of the amount belonged to the Philadelphia Saving Fund Society and to the trustees of the Fotteral estate. It had been collected for them and deposited to the credit of their agent. Their right to it was *205not lost because it was thus…
2Cases cited1 opinion
- Frazier v. Erie BankSupreme Court of Pennsylvania · 1844
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- Kinnison v. Guaranty Liquidating Corp.California Supreme Court · 1941
- Vosburgh's EstateSupreme Court of Pennsylvania · 1924
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