Hartley v. Phillips
Supreme Court of Pennsylvania
Appeal, No. 62, Oct. T., 1900, by plaintiff, from judgment of C. P. Lawrence Co., June T., 1897, No. 48, for defendant, on case stated in case of Agnew Hartley, administrator of tlie estate of William A. Seaton v. Pam. Phillips. Case stated to determine the liability of a lease.
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Appeal, No. 62, Oct. T., 1900, by plaintiff, from judgment of C. P. Lawrence Co., June T., 1897, No. 48, for defendant, on case stated in case of Agnew Hartley, administrator of tlie estate of William A. Seaton v. Pam. Phillips. Case stated to determine the liability of a lease. The case stated was as follows: 1. On May 7, 1877, William A. Seaton of Marion township, Butler county, Pennsylvania, made, executed and delivered a lease for certain lands in said township. 2. On May 7, 1877, William A. Seaton received $115, being a payment of rental made under the terms of said lease, the receipt…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The proper determination of this case turns upon the relation established between the defendants and E. I. Agnew who signed the lease, upon which this suit is brought. The plaintiff contends that Agnew was only an agent, while the defendants maintain that an active trust existed. The court below took the latter view in deciding upon the facts submitted by. the case stated.
While it may be difficult to define strictly, at all times, the line between a trustee and an agent, yet in this case, we are of the opinion that there was far more than an agency in the…
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