Legal Opinion

Millward-Cliff Cracker Co.'s Estate

Supreme Court of Pennsylvania

Decided April 16, 1894No. Appeals, Nos. 226, 277, 278, 323 and 358PublishedCited by 27 opinions

Appeals, Nos. 226, 277, 278, 323 and 358, Jan. T., 1894, by George Philler et al., Clearing House committee, B. F. Fisher, receiver of the Spring Garden National Bank; Tradesmen’s National Bank of New York; National Bank of the Republic of New York; and Hanover National Bank of New York, from order of C. P. No. 1, Phila.

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Appeals, Nos. 226, 277, 278, 323 and 358, Jan. T., 1894, by George Philler et al., Clearing House committee, B. F. Fisher, receiver of the Spring Garden National Bank; Tradesmen’s National Bank of New York; National Bank of the Republic of New York; and Hanover National Bank of New York, from order of C. P. No. 1, Phila. Co., June T., 1891, No. 505, dismissing exceptions to audit- or’s report, distributing assigned estate of the Millward-Cliff Cracker Co. Audit of account of Charles E. Lex, Esq., assignee for benefit of creditors of Millward-Cliff Cracker Company. The auditor, Joseph DeF.…

1Opinion of the Court

Per Curiam,

We think the learned auditor in the court below has correctly pointed out the distinctions between the cases in which corporate liability is held, and those in which it is denied, in this class of causes. He held that where the corporation received the *171benefits of the unauthorized action of its officers it was bound. Also that where a previous course of dealing of the same irregular character had been carried on, a liability arose notwithstanding the unlawful character of the paper, but that where there was no such previous course of dealing no liability arose as to the particular…

2Cited by27 opinions

  1. Gunster v. Scranton Illuminating, Heat & Power Co.Supreme Court of Pennsylvania · 1897
  2. Morris v. Georgia Loan, Savings & Banking Co.Supreme Court of Georgia · 1899
  3. Putnam v. Ensign Oil Co.Supreme Court of Pennsylvania · 1922
  4. Brobston v. PennimanSupreme Court of Georgia · 1895
  5. Hamborsky v. Magyar Presbyterian ChurchSuperior Court of Pennsylvania · 1922

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