Lindsey v. Fuller
Supreme Court of Pennsylvania
ERROR to the common pleas of Susquehanna county. David Lindsey against George Fuller. This was an action of trespass against the defendant, who was the deputy sheriff of the county of .Susquehanna, for taking away a cow, the property of the plaintiff. All the facts and circumstances of the case are fully stated in the opinion of the court.
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
The first error assigned is, that the court below erred in charging the jury, that the question of principal and agent did not arise in the case. This was in reply to a position, assumed and taken by the counsel below for the plaintiff, that he purchased the second cow found in his possession, at the time the defendant took the one, on account of which this suit was brought, as the agent of Daniel Lathrop. The evidence, upon which it was attempted to sustain this position, showed that Lathrop had, in February 1836, leased two cows to the…
2Cited by1 opinion
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