Legal Opinion

De La Vergne Refrigerating Machine Co. v. Kolischer

Supreme Court of Pennsylvania

Decided March 19, 1906No. Appeal, No. 268PublishedCited by 12 opinions

Appeal, No. 268, Jan. T., 1905, by defendant, from order of C. P. No. 3, Phila. Co., Sept. T., 1900, No. 1,657, M. L. D. overruling exceptions to referee’s report in case of De La Vergne Refrigerating Machine Company v. Theodore Kolischer, Reputed Owner and Contractor. Scire facias sur mechanic’s lien. Exceptions to report of M. Hampton Todd, Esq., referee. The facts are stated in the opinion of the Supreme Court.

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Appeal, No. 268, Jan. T., 1905, by defendant, from order of C. P. No. 3, Phila. Co., Sept. T., 1900, No. 1,657, M. L. D. overruling exceptions to referee’s report in case of De La Vergne Refrigerating Machine Company v. Theodore Kolischer, Reputed Owner and Contractor. Scire facias sur mechanic’s lien. Exceptions to report of M. Hampton Todd, Esq., referee. The facts are stated in the opinion of the Supreme Court. The referee reported in favor of the plaintiff for $120,082.06. The defendant filed, inter alia, the following exceptions to the referee’s report. 19. The learned referee erred in…

1Opinion of the Court

Opinion by

Mr. Justice Elkin,

From 1892 to 1899 appellant was the authorized and registered agent of appellee, a foreign corporation, as required by the act of 1874. Just when the agency relation terminated, if at all, is an important, and in some respects, the decisive question raised by this appeal. It is conceded on all sides dhat.it continued up to September 1, 1899, but the views differ as to what was the legal status of the parties from and after that date,. .The referee and.tha learned .court below held that, the agency of the appellant terminated as of that date, Arid" that *406appellee had…

2Cases cited3 opinions

  1. Lasher v. Stimson, Pennsylvania Court of Common Pleas, Philadelphia County1892
  2. Delaware River Quarry & Construction Co. v. Bethlehem & Nazareth Passenger Railway Co.Supreme Court of Pennsylvania · 1902
  3. Thorne v. Travellers InsuranceSupreme Court of Pennsylvania · 1876

3Cited by12 opinions

  1. Carp v. Ætna Accident & Liability Co.Supreme Court of Pennsylvania · 1919
  2. Carr v. Ætna Accident & Liability Co.Superior Court of Pennsylvania · 1916
  3. Germantown Dairy Co. v. McCallumSupreme Court of Pennsylvania · 1909
  4. Buffalo Refrigerating Mach. Co. v. Penn Heat & Power Co.Court of Appeals for the Third Circuit · 1910
  5. Stevens v. Sacramento Suburban Fruit Lands Co.California Court of Appeal · 1930

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