Mohrfeld v. Second German South-Eastern Building Ass'n
Supreme Court of Pennsylvania
Appeal, No. 151, Jan. T., 1899, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1896, No. 489, on verdict for plaintiff. Assumpsit for money loaned. Before Biddle, P. J. The facts are fully stated in the opinion of the Supreme Court. Defendant’s points and the answers thereto among others were as follows: 2. There is not sufficient evidence in this case that Lawrence Bur, defendant’s former secretary, had authority to borrow money from plaintiff.
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Appeal, No. 151, Jan. T., 1899, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1896, No. 489, on verdict for plaintiff. Assumpsit for money loaned. Before Biddle, P. J. The facts are fully stated in the opinion of the Supreme Court. Defendant’s points and the answers thereto among others were as follows: 2. There is not sufficient evidence in this case that Lawrence Bur, defendant’s former secretary, had authority to borrow money from plaintiff. Answer: Refused. [1] 8. The burden of proof is upon plaintiff to show that said Bur had authority from defendant to receive the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Green,
This action was brought to recover $4,500 for balance of money loaned by the plaintiff to the defendant, in November, 1890, with interest at the rate of four per cent per annum. It was proved without contradiction that the plaintiff had paid to Lawrence Bur, the secretary of the defendant company, on November 1, 1890, $3,650, on November 10, 1890, $2,400, and on May 4, 1893, $100, making in all $6,150, and for every one of these items of payment he was credited at the corresponding dates in his current receipt book, in which his payments of monthly dues were…
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