Perdue v. Taylor
Pennsylvania Court of Common Pleas, Butler County
No. 53 October Term 1891, Sup. Ct.; court below, No. 398 March Term 1877, C. P. On March 1, 1877, John T. Perdue brought trover and conversion for three oil certificates, against H. L. Taylor & Co. On June 1, 1877, in obedience to a rule to plead, the defendants put in a plea of not guilty, and also a special plea.
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No. 53 October Term 1891, Sup. Ct.; court below, No. 398 March Term 1877, C. P. On March 1, 1877, John T. Perdue brought trover and conversion for three oil certificates, against H. L. Taylor & Co. On June 1, 1877, in obedience to a rule to plead, the defendants put in a plea of not guilty, and also a special plea. On December 5, 1878, there was placed on file an assignment of the cause of action to A. C. Gibson, who afterward, by assignment put on file August 26, 1890, transferred his interest in the cause to M. Shaw. On September 12, 1890, the case being then on the list for trial at a…
1Opinion of the Court
Opinion,
Mr. Justice Green :
A judgment of compulsory nonsuit having been entered at the close of the plaintiff’s testimony, the truth of all the facts proved, and all legitimate inferences therefrom, must be assumed in faAmr of the plaintiff. The fact that Wolcott was the agent of the defendants in procuring the certificates from the plaintiff is one of these, and the liability of the defendants for the acts and declarations of their agent in the course of the transaction is a necessary legal inference. Another leading and very serious fact, entirely without question, is, that the defendants,…
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