Morgan v. Tener
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas, No. 4, of Philadelphia county: Of January Term 1875, No. 243. This was assumpsit, brought by Morgan & Stidfole against Tener & Davis, to recover the amount of three promissory notes left with defendants for collection. The defendants pleaded the general issue and the Statute of Limitations. The replications were, ilAssumpserunt infra sex amos” and fraud, upon which issue was joined.
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Error to tbe Court of Common Pleas, No. 4, of Philadelphia county: Of January Term 1875, No. 243. This was assumpsit, brought by Morgan & Stidfole against Tener & Davis, to recover the amount of three promissory notes left with defendants for collection. The defendants pleaded the general issue and the Statute of Limitations. The replications were, ilAssumpserunt infra sex amos” and fraud, upon which issue was joined. It appeared at the trial before Briggs, J., that in September 1857, the plaintiffs, who were merchants in Philadelphia, placed in the hands of defendants, who were collection…
1Opinion of the CourtJustice Sharswood
Had the defendants been merely forwarders of the notes for collection, as the learned judge below thought, the nonsuit might be sustained. Their duty would then have been performed when they had transmitted them to Bussum, their correspondent. Bus-sum would have been the attorney of the plaintiffs, and they would have been bound to make inquiry and inform themselves of the state of the proceedings on the claim in his hands. We are of opinion, however, that this was not the true construction of the contract as evidenced by the receipt. Its terms are, “to be forwarded by us for collection by…
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