Sharp v. Emmet
Supreme Court of Pennsylvania
IN ERROR. This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action on the case, brought by Henry Emmet against John Sharp, Jun. The plaintiff was a manufacturer of woollen goods, residing at Halifax, in England, and had consigned certain goods for sale to the defendant, who resided in Philadelphia.
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IN ERROR. This was a writ of error to the District Court for the City and County of Philadelphia, to remove the record of an action on the case, brought by Henry Emmet against John Sharp, Jun. The plaintiff was a manufacturer of woollen goods, residing at Halifax, in England, and had consigned certain goods for sale to the defendant, who resided in Philadelphia. The defendant, in advance of the sales of these goods, remitted to the plaintiff a bill of exchange, drawn by Jeremiah Thompson, of New York, on Rath-bone & Co., of Liverpool, for two hundred and fifty pounds, which was protested for…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
Although the. decision in The Mechanics Bank v. Earp, (4 Rawle, 389,) is distinguishable from the present — that being the case of a mere agent for transmission, who endorsed the note, this, of a factor who remitted a bill to his principal in payment — yet the principles settled there, rule the present case. Formerly there seems to have been in the law merchant a severe and inflexible rule applied, that whenever an agent or factor endorsed a bill, he was liable on his endorsement, unless he took care at the time to limit *299his responsibility,…
2Cases cited2 opinions
- Mechanics Bank v. EarpSupreme Court of Pennsylvania · 1834
- Leverick v. MeigsNew York Supreme Court · 1824
3Cited by6 opinions
- Rothrock v. GallaherSupreme Court of Pennsylvania · 1879
- McKee v. JonesSupreme Court of Pennsylvania · 1847
- Kay v. FredrigalSupreme Court of Pennsylvania · 1846
- Curtis' EstatePennsylvania Orphans' Court, Philadelphia County · 1936
- Howland v. ConwayDistrict Court, S.D. New York · 1848
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