Sentinel Printing Co. ex rel. Hill v. Long
Superior Court of Pennsylvania
Appeal, No. 17, Jan. T., 1905, by defendant, from judgment of C. P. Luzerne Co., June T., 1896, No. 120, on verdict for plaintiff in case of Sentinel Printing Company to use of Charles F. Hill v. Matthew Long. Assumpsit upon a written order for the payment of money. Before Ferris, J. The facts appear by the opinion of the Superior Court.
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Appeal, No. 17, Jan. T., 1905, by defendant, from judgment of C. P. Luzerne Co., June T., 1896, No. 120, on verdict for plaintiff in case of Sentinel Printing Company to use of Charles F. Hill v. Matthew Long. Assumpsit upon a written order for the payment of money. Before Ferris, J. The facts appear by the opinion of the Superior Court. Defendant presented these points : 1. The order declared upon not having been accepted in writing, by the defendant, and the amount in controversy being in excess of $20.00, no action can be maintained thereon. Answer.: Refused. [1] 4. If the jury believe…
1Opinion of the Court
Opinion by
Smith, J.,
The material facts of this case are undisputed. The appellant, as agent or broker of several insurance companies, was ordered by the Sentinel Printing Co., whose property was insured in his agency, to cancel certain policies, and was also directed, by a written order, to pay the return premiums to Charles F. Hill, the use plaintiff. The appellant collected the amount of the return premiums, but instead of paying it as ordered by the Printing Co., retained it himself. The only ground of defense now relied upon is the failure of the appellant to accept, in writing, the order…
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