Clarke v. Slate v. R. Co.
Supreme Court of Pennsylvania
No. 167 January Term 1890, Sup. Ct.; court below, No. 52 December Term 1886, C. P. No. 1. On December 31,1886, an action of covenant brought in the names of James Clarke, Terrence P. Smart and Francis P. Murray, trading as Clarke, Smart & Co., against the Slate Valley Railroad Company, was instituted by Mr. De Forrest Ballou, as the attorney of the plaintiffs.
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No. 167 January Term 1890, Sup. Ct.; court below, No. 52 December Term 1886, C. P. No. 1. On December 31,1886, an action of covenant brought in the names of James Clarke, Terrence P. Smart and Francis P. Murray, trading as Clarke, Smart & Co., against the Slate Valley Railroad Company, was instituted by Mr. De Forrest Ballou, as the attorney of the plaintiffs. On February 28, 1887, the defendant obtained a rule on Mr. Ballou to file his warrant of attorney, and on March 2d, Mr. Ballou filed a warrant of attorney, bearing date that day, purporting to be given by James Clarke, Terrence P. Smart…
1Opinion of the Court
Opinion,
Me. Justice Williams:
The firm in whose name this action is brought consists of three members, viz., Clarke, Smart, and Murray. The plaintiff’s claim is on a contract for the construction of the defendant’s road. After the service of the summons, the defendant ruled the plaintiffs’ attorney to file his warrant. In compliance with this rule, he filed a warrant executed in the firm name and in the individual names of James Clarke and F. P. Murray. This the court decided to be insufficient as an authority for the use of the firm name, and stayed all further proceedings in the action. This…
2Cases cited4 opinions
- Hills v. RossSupreme Court of the United States · 1796
- Marsh's AppealSupreme Court of Pennsylvania · 1872
- Purdy v. PowersSupreme Court of Pennsylvania · 1847
- Anshutz v. FitzsimmonsSupreme Court of Pennsylvania · 1848
3Cited by6 opinions
- Dunbar v. Farnum WifeSupreme Court of Vermont · 1937
- Summers v. DooleyIdaho Supreme Court · 1971
- Zion v. Sentry Safety Control Corp.Court of Appeals for the Third Circuit · 1958
- Markle v. WilburSupreme Court of Pennsylvania · 1901
- Moore v. Steinman Hardware Co., Pennsylvania Court of Common Pleas, Lancaster County1934
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