Ruchizky v. De Haven
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of July Term 1879, No. 23. Assumpsit, by Joseph Ruehizky, a minor, by his father and next friend Joseph Ruehizky, against Alexander H. De Haven, Hugh De Haven, S. L. De Haven, and Henry L. Townsend, trading as De Haven & Townsend. The plaintiff afterwards died intestate, arid by suggestion, filed cf record, his administrator Conrad Anwalter was substituted in his place.
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Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of July Term 1879, No. 23. Assumpsit, by Joseph Ruehizky, a minor, by his father and next friend Joseph Ruehizky, against Alexander H. De Haven, Hugh De Haven, S. L. De Haven, and Henry L. Townsend, trading as De Haven & Townsend. The plaintiff afterwards died intestate, arid by suggestion, filed cf record, his administrator Conrad Anwalter was substituted in his place. The following case stated was by agreement submitted to the court; “ And now, September 13th 1878, it is hereby agreed by and between the parties to the above…
1Opinion of the CourtJustice Gordon
When, under the case stated, the court below assumed the defendants must be regarded as the agents of Ruchizky in the buying and selling of stocks, in other words, as the mere hand or medium through which he acted in transactions with other parties, it committed an error. An assumption of this kind is in tho very face of the statement before us; the parties were dealing, not in stocks, but margins, and Ruchizky knew no principals but De Haven k Townsend. It was with íhem and no one else he was dealing, and with them alone he had to account. If any shares were bought, they were bought without…
2Cases cited1 opinion
- Abell v. BrownsonSupreme Court of Vermont · 1832
3Cited by8 opinions
- Peters v. GrimSupreme Court of Pennsylvania · 1892
- Pankas v. BellSupreme Court of Pennsylvania · 1964
- Waite v. FrankSouth Dakota Supreme Court · 1901
- Frank Spangler Co. v. HauptSuperior Court of Pennsylvania · 1913
- Sutterly v. FleshmanSuperior Court of Pennsylvania · 1909
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