Strattner v. Wilmington City Electric Co.
Superior Court of Delaware
for damages for the loss of services of a minor son, Ereberick Strattner, through injuries to the latter while in the employ of the defendant company. Demurrer to plea.
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for damages for the loss of services of a minor son, Ereberick Strattner, through injuries to the latter while in the employ of the defendant company. Demurrer to plea. On December 10th the defendant filed the following plea, to wit: “And the said defendant, by Walter H. Hayes, its attorney, for a further plea in this behalf, by leave of the Court first had and obtained, says that the said plaintiff ought not to further maintain her said action thereof against it, the said defendant, because it says; that on the twelfth day of July, A. D. 1901, Harry Emmons, Esq., counsel of record for said…
1Opinion of the Court
The Court unanimously held that the general demurrer to the plea admitted all the facts, among which was that the person who made the agreement on the part of the plaintiff was plaintiff’s counsel, and as such he had lawful authority to enter into the agreement; and further, that being an officer of the court, it is presumed that he had.lawful authority for entering into the agreement, and there was nothing before the Court to the contrary.
*455Demurrer overruled, and upon the election of the plantifica attorney judgment of respondeat ouster entered.
2Cited by9 opinions
- Beirne v. Fitch Sanitarium, Inc.District Court, S.D. New York · 1958
- Read v. BakerDistrict Court, D. Delaware · 1977
- Aiken v. National Fire Safety CounsellorsCourt of Chancery of Delaware · 1956
- Aiken v. National Fire Safety CounsellorsCourt of Chancery of Delaware · 1956
- Read v. BakerDistrict Court, D. Delaware · 1977
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