Hibernia Building Ass'n v. McGrath
Supreme Court of Pennsylvania
Appeal, No. 220, Jan. T., 1893, by defendant, John P. McGrath, from judgment of C. P. No. 2, Phila. Co., June T., 1881, No. 99, on verdict for plaintiff. Issue to determine validity of judgment. Judgment was entered in the penal sum of $10,000 on warrant of attorney, accompanying bond given by defendant as treasurer of plaintiff association.
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Appeal, No. 220, Jan. T., 1893, by defendant, John P. McGrath, from judgment of C. P. No. 2, Phila. Co., June T., 1881, No. 99, on verdict for plaintiff. Issue to determine validity of judgment. Judgment was entered in the penal sum of $10,000 on warrant of attorney, accompanying bond given by defendant as treasurer of plaintiff association. The judgment was open and plaintiff filed a statement claiming that defendant had “ wrongfully, illegally and unjustly ” paid “ over to a person or persons unknown to said plaintiff, out of the money of the said association, the sum of seventy-seven…
1Opinion of the Court
Opinion by
Mr. Justice Thompson,
This action was brought b3r appellee against appellant, who was its treasurer, to recover from him the amount of certain alleged payments made by him to the secretary of the appellee and embezzled by him. The ground of liability was negligence in making these payments, although made upon orders signed by the president and secretary, who also attested the signatures of the payees. The money was either paid in cash to the secretary or by cheques payable to his order. Under the by-laws the president was required to sign all orders drawn upon the *304treasurer for…
2Cases cited3 opinions
- First National Bank v. GrahamSupreme Court of Pennsylvania · 1875
- Swentzel v. Penn BankSupreme Court of Pennsylvania · 1892
- Scott & Brother v. National BankSupreme Court of Pennsylvania · 1874
3Cited by4 opinions
- Cody v. VenzieSupreme Court of Pennsylvania · 1919
- Warden v. City of GraftonWest Virginia Supreme Court · 1925
- Selheimer v. Manganese Corp. of AmericaSupreme Court of Pennsylvania · 1966
- E. I. du Pont de Nemours & Co. v. Berm Studios, Inc.Superior Court of Pennsylvania · 1967