Patterson v. VanLoon
Supreme Court of Pennsylvania
Appeal, No. 99, Jan. T., 1898, by plaintiff, from judgment of C. P. Luzerne Co., March T., 1895, No. 189, on verdict for defendant. Seire facias sur mortgage. Before Lynch, J. At tbc trial it appeared that the balance claimed was $1,500. The defendant introduced evidence which tended to show that the whole of this sum bad been paid to M. Taylor, who was alleged to be the agent of the Patterson estate to receive such money.
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Appeal, No. 99, Jan. T., 1898, by plaintiff, from judgment of C. P. Luzerne Co., March T., 1895, No. 189, on verdict for defendant. Seire facias sur mortgage. Before Lynch, J. At tbc trial it appeared that the balance claimed was $1,500. The defendant introduced evidence which tended to show that the whole of this sum bad been paid to M. Taylor, who was alleged to be the agent of the Patterson estate to receive such money. It was admitted that this money never reached the executors. Plaintiff alleged that the money which the defendant’s testator had paid to Taylor had been paid on account of…
1Opinion of the Court
Per Curiam,
In the court below, this case involved a question of implied agency dedueible from a course of dealing between the parties, and also of ratification of the alleged agent’s acts. The evidence necessary to establish such relation is very different from that required to prove an express agency. In the former greater latitude must necessarily be allowed in the admission of testimony tending to prove facts and circumstances from which the existence of an agency may be legitimately inferred. From the nature of the case, evidence that would tend to prove an implied agency, or subsequent…
2Cases cited1 opinion
- Lawall v. GromanSupreme Court of Pennsylvania · 1897
3Cited by13 opinions
- Mielcuszny Et Ux. v. Rosol (Et Ux.)Supreme Court of Pennsylvania · 1934
- Rossi v. Firemen's Insurance Co.Supreme Court of Pennsylvania · 1932
- Yezbak v. CroceSupreme Court of Pennsylvania · 1952
- Williams v. CookSupreme Court of Pennsylvania · 1927
- Dobbs v. ZinkSupreme Court of Pennsylvania · 1927
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