Legal Opinion

Hertzler v. Geigley

Supreme Court of Pennsylvania

Decided May 29, 1900No. Appeal, No. 146PublishedCited by 18 opinions

Appeal, No. 146, Jan. T., 1900, by plaintiff, from judgment of C. P. Lancaster Co., June T., 1898, No. 49, on verdict for defendant in case of Kate Hertzler v. George Geigley. Assumpsit for money collected by agent. Before Landis, J. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for defendants. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.

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Appeal, No. 146, Jan. T., 1900, by plaintiff, from judgment of C. P. Lancaster Co., June T., 1898, No. 49, on verdict for defendant in case of Kate Hertzler v. George Geigley. Assumpsit for money collected by agent. Before Landis, J. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for defendants. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant. We think the evidence sustained the statement or allegata. The fact that defendant sold on commission and Hertzler copied defendant’s…

1Opinion of the Court

Opinion by

Mr. Chief Justice Green,

The plaintiff’s statement of cause of action contains throughout a claim that the defendant was indebted to her for the proceeds of whiskey belonging to her but which he sold for her as her agent. The first clause alleged that the defendant was indebted to her for large quantities of whiskey, which the defendant received from her agent and “ sold for plaintiff and received the money or proceeds of said sales from time to time.” The second clause alleges “that from about July 20, 1894, to about March 24,1895, the defendant sold and collected for sales, of…

2Cases cited6 opinions

  1. Blakeslee Manufacturing Co. v. HiltonSuperior Court of Pennsylvania · 1897
  2. Phœnix Silk Manufacturing Co. v. ReillySupreme Court of Pennsylvania · 1898
  3. Rahter v. First National BankSupreme Court of Pennsylvania · 1880
  4. Commonwealth v. ShoberSuperior Court of Pennsylvania · 1897
  5. Lestapies v. IngrahamSupreme Court of Pennsylvania · 1846

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3Cited by18 opinions

  1. Vandegrift v. VandegriftSupreme Court of Pennsylvania · 1910
  2. W. T. Rawleigh Co. v. LandTexas Supreme Court · 1926
  3. Hall v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1916
  4. New York & Pennsylvania Co. v. Cunard Coal Co.Supreme Court of Pennsylvania · 1926
  5. State v. PattersonSupreme Court of Kansas · 1903

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