Valentine v. Packer
Supreme Court of Pennsylvania
In error from the Common Pleas of Centre. May 29. This was an action on a promissory note signed for the defendants by Thomas. The plaintiff proved that Thomas was in the employ of defendants as manager and book-keeper at their iron works until two or three years after the date of the note, and that he was a son of one of the partners, and nephew of two others of the firm.
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In error from the Common Pleas of Centre. May 29. This was an action on a promissory note signed for the defendants by Thomas. The plaintiff proved that Thomas was in the employ of defendants as manager and book-keeper at their iron works until two or three years after the date of the note, and that he was a son of one of the partners, and nephew of two others of the firm. A witness stated it was not usual for clerks to give notes, but he had known this clerk to do it. . Another witness stated that it was not customary. The note was then read to the jury under objection. There were…
1Opinion of the CourtBurnside, J.
An agent is one who acts in the place and stead of another. The act done, if lawful, is considered the act of the principal; 2 Greenl. Ev. § 59. The evidence of agency is either direct or indirect, and the only question before the court was, whether the agency was sufficiently proved to permit the note to go in evidence to the jury.
Jacob Y. Thomas, who signed the note for the plaintiffs in error, was proved to be the clerk of the firm; and it appears that clerks at iron works frequently give notes, but such is not the general custom, though this clerk was known to have given some. He was the…
2Cases cited2 opinions
- Parsons v. ArmorSupreme Court of the United States · 1830
- Bredin v. DubarrySupreme Court of Pennsylvania · 1826
3Cited by6 opinions
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- M.G. Molchan v. Mercer County TCBCommonwealth Court of Pennsylvania · 2024
- Santiago v. Philly Trampoline Park, Aplts.Supreme Court of Pennsylvania · 2025
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