Stockton & Stokes v. Demuth
Supreme Court of Pennsylvania
ERROR to the common pleas of York county. This was an action on the case by John Demuth, Jun., against Jtichard C. Stockton and William B. Stokes, proprietors of a line of stages, to recover the value of a package of goods delivered to their agent at York, to be carried to Baltimore, and which was lost.
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ERROR to the common pleas of York county. This was an action on the case by John Demuth, Jun., against Jtichard C. Stockton and William B. Stokes, proprietors of a line of stages, to recover the value of a package of goods delivered to their agent at York, to be carried to Baltimore, and which was lost. The plaintiff' called Emanuel Erb, the defendant’s agent, as a witness, who testified as follows: “I was the agent of Stockton & Stokes on the 29th July 1834, and continued to be until June 1836. This is the stage-book kept at the office at that time; I made this entry under date s July 29,…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
Two of the bills of exception in this case are now relied upon by the plaintiffs in error. The first is to the admission by the court below of the deposition of John Walls, taken on behalf of the plaintiff below. The defendants objected to it as hearsay, being the declaration of the agent made after sending the parcel. It is well settled that the declarations made by a person’s agent, whilst acting as such, and within the scope of his authority, are evidence against the principal. Hannay v. Stewart, 6 Waits 487; Clark v. Baker, 2 Wharl.…
2Cases cited3 opinions
- Fischli v. FischliIndiana Supreme Court · 1825
- Shaw v. LevySupreme Court of Pennsylvania · 1827
- Maclay's Lessee v. WorkSupreme Court of Pennsylvania · 1823
3Cited by14 opinions
- Young v. MontgomeryIndiana Supreme Court · 1903
- Reitenbaugh v. LudwickSupreme Court of Pennsylvania · 1858
- Tourtelotte v. BrownColorado Court of Appeals · 1894
- Quarring v. StrattonWashington Supreme Court · 1915
- Stearns v. Merchants' BankSupreme Court of Pennsylvania · 1867
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