Brennan v. Kauffman
Superior Court of Pennsylvania
Appeal, No. 20, Oct. T., 1909, by plaintiff, from judgment of C. P. Schuylkill Co., May T., 1907, No. 375, on verdict for defendant in case of John J. Brennan v. Benjamin Kauffman et al., Directors of the Poor and House of Employment of Schuylkill County. Assumpsit for wages. Before Marr, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 20, Oct. T., 1909, by plaintiff, from judgment of C. P. Schuylkill Co., May T., 1907, No. 375, on verdict for defendant in case of John J. Brennan v. Benjamin Kauffman et al., Directors of the Poor and House of Employment of Schuylkill County. Assumpsit for wages. Before Marr, P. J. The facts are stated in the opinion of the Superior Court. The court directed a verdict for the defendant, on the ground that the directors had full power at their pleasure to remove him from his position of shoemaker. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in…
1Opinion of the Court
Opinion by
Beaver, J.,
In Sallade v. Schuylkill County, 19 Pa. Superior Ct. 191, we held that, “An agreement between two out of three members of a poor board, by which the appointments to offices are divided between them, and by which each binds himself to vote for any person that the other may name for a position to be filled by the board, without knowing who would be named, is illegal, immoral and contrary to public policy; but notwithstanding the illegality of such an agreement, if a person is appointed clerk of the board in pursuance thereof, and performs the services of the office, he will…
2Cases cited3 opinions
- Ex Parte Duncan N. HennenSupreme Court of the United States · 1839
- Field v. CommonwealthSupreme Court of Pennsylvania · 1859
- Sallade v. Schuylkill CountySuperior Court of Pennsylvania · 1902