Wickersham v. Lee
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of July Term 1875, No. 30. Assumpsit by George and William Lee, executors of Wetherill Lee, deceased, the survivor of the partners of the firm of Barcroft & Co., against O. Wilson Davis and Morris S. Wickersliam, late trading as Davis & Wickersham, to recover the amount of a claim against L. L. Wrothdr & Co., which the defendants had collected as the agents of plaintijfs.
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Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of July Term 1875, No. 30. Assumpsit by George and William Lee, executors of Wetherill Lee, deceased, the survivor of the partners of the firm of Barcroft & Co., against O. Wilson Davis and Morris S. Wickersliam, late trading as Davis & Wickersham, to recover the amount of a claim against L. L. Wrothdr & Co., which the defendants had collected as the agents of plaintijfs. The summons issued on the 30th of April 1870, and Wickersham •was alone served, who pleaded the general issue, a denial of the partnership between Davis and…
1Opinion of the Court
The judgment of the Supreme Court was entered February 12th 1877,
2Per curiam
— The ease of the plaintiff was, that his firm had placed their claim against a distant debtor in the hands of a collection agency, which forwarded it to an attorney in a distant state for collection. He collected and transmitted the money to this agency. The partner who received it gave no notice to the creditors of the receipt of the money, did not note its collection upon the docket, where the receipt should appear, sold out the business to another firm, which took their place and their books without notice of the receipt,…
3Cited by5 opinions
- Deemer v. Weaver, Exrx.Supreme Court of Pennsylvania · 1936
- Smith v. BlachleySupreme Court of Pennsylvania · 1901
- Barr v. LuckenbillSupreme Court of Pennsylvania · 1945
- Cloyd v. ReynoldsSuperior Court of Pennsylvania · 1910
- Cloyd v. ReynoldsSuperior Court of Pennsylvania · 1913