Hays & Wick v. Lynn
Supreme Court of Pennsylvania
ERROR to the common pleas of Crawford county. Hays & Wick against Joseph Lynn. Appeal from the judgment of a justice. The defendant owed the plaintiffs a note for 11 dollars upon which a receipt was indorsed for 8 dollars 12| cents; and he also owed them an account, of 30 dollars 35 cents.
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ERROR to the common pleas of Crawford county. Hays & Wick against Joseph Lynn. Appeal from the judgment of a justice. The defendant owed the plaintiffs a note for 11 dollars upon which a receipt was indorsed for 8 dollars 12| cents; and he also owed them an account, of 30 dollars 35 cents. On the 19th of February 1834, the plaintiffs, living in Mercer county, wrote a note for the amount of the account payable to Hays & Wick or order, leaving the time of payment blank, and put it, into the hands of Loulzenhizer with directions to get the defendant, to sign it. The blank was filled up with…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
A party who avails himself of the act of an agent must, in order to charge the principal, prove the authority under which the agent acted. The burthen of the proof lies on him to establish the agency and the extent of it. So the admissions of agents concerning the transactions in which they are employed are, for many purposes, equivalent to the acknowledgement of the employer himself. But before such admissions or declarations can be given in evidence the fact of agency must be proved. Now, what evidence was given that Craig was an agent of…
2Cited by6 opinions
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- Fee v. Adams Express Co.Superior Court of Pennsylvania · 1909
- Lewis v. MatiasSupreme Court of Pennsylvania · 1930
- McCulloch v. McKeeSupreme Court of Pennsylvania · 1851
- Slease v. NaysmithSuperior Court of Pennsylvania · 1900
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