Legal Opinion

Roberts v. Austin

Supreme Court of Pennsylvania

Decided February 15, 1840PublishedCited by 4 opinions

IN ERROR. Error to the District Court for the City and County of Philadelphia, to remove the record of an action on the case, brought by Charles B. Austin against William Roberts, junior, to March Term, 1838, of that Court. On the 7th of March, 1838, the plaintiff filed in the office of the prothonotary of the District Court, a copy of the instrument upon which the action was brought, and which was as follows.

Read the full summary

IN ERROR. Error to the District Court for the City and County of Philadelphia, to remove the record of an action on the case, brought by Charles B. Austin against William Roberts, junior, to March Term, 1838, of that Court. On the 7th of March, 1838, the plaintiff filed in the office of the prothonotary of the District Court, a copy of the instrument upon which the action was brought, and which was as follows. “Dolls. 137 50. Kensington Philada., October, 1st, 1836. Four months after date, pay to the order of Mr. Charles B. Austin, agent of the Union Glass Works, one hundred and thirty-seven…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

It is a well established rule of-law, that when an agent names his principal, the principal is responsible, not the agent. But the agent must name his principal as the person to be responsible. It is alleged that the affidavit of defence is defective in this particular, that the defendant omits to aver, that the goods were sold on the credit of the principal alone. The affidavit must receive a reasonable construction, and the words used must be understood in their ordinary sense. Giving its language its usual import, the defendant…

2Cases cited3 opinions

  1. Ruhlman v. CommonwealthSupreme Court of Pennsylvania · 1812
  2. Miller v. SpreeherSupreme Court of Pennsylvania · 1796
  3. Lewis v. WallickSupreme Court of Pennsylvania · 1817

3Cited by4 opinions

  1. United States National Bank v. Union National BankSupreme Court of Pennsylvania · 1920
  2. DeRoy v. RichardsSuperior Court of Pennsylvania · 1898
  3. Waterman v. Isaac Merritt & Co.Supreme Court of Rhode Island · 1862
  4. Williams v. HippieSuperior Court of Pennsylvania · 1901

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API