McGahren v. Insurance Co.
Superior Court of Pennsylvania
Appeal, No. 68, Jan. T., 1905, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1903, No. 65, on verdict for plaintiff in case of John McGahren v. The Royal Union Mutual Life Insurance Company. Assumpsit for moneys paid out and for services.
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Appeal, No. 68, Jan. T., 1905, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1903, No. 65, on verdict for plaintiff in case of John McGahren v. The Royal Union Mutual Life Insurance Company. Assumpsit for moneys paid out and for services. Before Halsey, J. At the trial it appeared that the suit was brought by an attorney at law to recover for services in defending a suit against defendant on a policy of insurance, and for $150 paid to a physician who had testified as an expert for defendant and had been employed at defendant’s instance and request. Other facts appear by the…
1Opinion of the Court
Opinion by
Beaver, J.,
An examination of the entire testimony of this case leads us to the conclusion that the plaintiff was bound by his receipt, forwarded through his associate Watson, for the check for $250, received, indorsed and used by him. He used the check and signed the receipt in full, with full knowledge of what was implied therein. There is nothing in Watson’s letters, even assuming that he had authority to act for the defendant, which *50could in any way mislead Mm. There was no evidence, therefore, of fraud, accident or mistake which could relieve the plaintiff of the legal effect of…
2Cases cited2 opinions
- Daly v. DallmeyerSuperior Court of Pennsylvania · 1902
- Guhl v. FrankSuperior Court of Pennsylvania · 1903