Mundorff v. Wickersham
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county: No. 210, to October and November Term 1869. This was an;1 action of assumpsit to July Term 1860, by Gibson A. Mundorff against Samuel M. Wickersham. The suit was brought to recover the amount of the plaintiff’s note, which it was alleged had been lent to the defendant, and which the plaintiff was obliged to take up at maturity.
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Error to the District Court of Allegheny county: No. 210, to October and November Term 1869. This was an;1 action of assumpsit to July Term 1860, by Gibson A. Mundorff against Samuel M. Wickersham. The suit was brought to recover the amount of the plaintiff’s note, which it was alleged had been lent to the defendant, and which the plaintiff was obliged to take up at maturity. The plaintiff gave in evidence the note and a receipt as follows:— “ $300. ■ Pittsburg, November 29th 1858. “ Four months after date, I promise to pay to the order of S. M. Wickersham, three hundred dollars, without…
1Opinion of the Court
/The opinion of the court was delivered, January 3d 1870, by
Sharswood, J. —
If an agent obtains possession of the property of another, by making a stipulation or condition which he was not authorized to make, the principal must either return the property, or, if he receives it, it must be subject to the condition upon which *89it was parted with by the former owner. This proposition is founded upon a principle which pervades the law in all its branches: Qui sentit eommodum, sentiré debet et onus. The books are full of striking illustrations of it, and more especially in cases growing out of the…
2Cases cited4 opinions
- Bennett v. . JudsonNew York Court of Appeals · 1860
- Elwell v. . ChamberlinNew York Court of Appeals · 1864
- Crans v. . HunterNew York Court of Appeals · 1863
- Barber v. HallSupreme Court of Vermont · 1853
3Cited by36 opinions
- Rothman v. FilletteSupreme Court of Pennsylvania · 1983
- Aiello v. Ed Saxe Real Estate, Inc.Supreme Court of Pennsylvania · 1985
- Reutzel v. DouglasSupreme Court of Pennsylvania · 2005
- Gordon v. Continental Casualty Co.Supreme Court of Pennsylvania · 1935
- Manzitti v. AmslerSupreme Court of Pennsylvania · 1988
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