Beymer v. Bonsall
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of .Allegheny county: Of October and November Term 1875, No. 115. This was an action of assumpsit commenced June 2d 1871, by Sterling Bonsall against Simon Beymer.
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Error to the Court of Common Pleas of .Allegheny county: Of October and November Term 1875, No. 115. This was an action of assumpsit commenced June 2d 1871, by Sterling Bonsall against Simon Beymer. The plaintiff declared that on the 17th of November 1870, in consideration of $1000, paid by the plaintiff to Isaac Wagner and Richard Leech, brokers and agents of the defendant, he promised to deliver to the plaintiff, at or near Pittsburg, 5000 barrels of petroleum, at any time from January 1st to June 30th 1871, upon ten days’ notice to Wagner & Leech from the plaintiff, at 10-| cents per…
1Opinion of the Court
Judgment was entered in the Supreme Court, October 28th 1875,
Pee Cueiam.
Undoubtedly an agent who makes a contract in his own name without disclosing his agency is liable to the other party. The latter acts upon his credit and is not bound to yield up his right to hold the former personally, merely because he discloses a principal who is also liable. The principal is liable because the contract was for his benefit, and the agent is benefited by his being presumedly the creditor, for there can be but one satisfaction. But it does not follow that the agent can afterwards discharge himself by…
2Cited by26 opinions
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- Joseph Melnick Building & Loan Ass'n v. MelnickSupreme Court of Pennsylvania · 1949
- Mamalis v. Atlas Van Lines, Inc.Supreme Court of Pennsylvania · 1987
- Smiler v. TollSupreme Court of Pennsylvania · 1953
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