Legal Opinion · Dissent

Allen v. Line

Superior Court of Pennsylvania

Decided October 9, 1899No. Appeal, No. 6Published

Appeal, No. 6, March T., 1899, by defendant, from judgment of C. P. Cumberland, Co., May T., 1897, No. 727, on verdict for plaintiff. Opinion by Beebeb, J. Dissenting opinion by W. W. Pobteb, J. Assumpsit.

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Appeal, No. 6, March T., 1899, by defendant, from judgment of C. P. Cumberland, Co., May T., 1897, No. 727, on verdict for plaintiff. Opinion by Beebeb, J. Dissenting opinion by W. W. Pobteb, J. Assumpsit. Before E. W. Biddle, P. J. It appears from the evidence that in the year 1893, Kuntz, then county commissioner, agreed with Line, the defendant, that he would appoint any man, from the upper end of Cumberland county, to the office of mercantile appraiser, if Line could name a man who would be of any benefit or advantage to him. It was alleged that Line agreed with the plaintiff, William H.…

1DissentW. W. Porter, J.

The defendant procured the plaintiff to be appointed mercantile appraiser by the county commissioners of Cumberland county for the year 1894. Prior to the appointment the plaintiff, who was the defendant’s uncle, agreed with the defendant that he would, if appointed, make the latter his deputy, and that under this arrangement, the defendant should do all of the work and receive all of the compensation.

The appointment having been made, the parties consulted counsel, and were then advised that the mercantile appraiser *530was required by law to act personally and not by deputy. This was not wbat…

2Cases cited12 opinions

  1. Johnson v. HulingsSupreme Court of Pennsylvania · 1883
  2. Fowler v. Scully ex rel. First National BankSupreme Court of Pennsylvania · 1873
  3. Clippinger v. HepbaughSupreme Court of Pennsylvania · 1843
  4. Evans v. DravoSupreme Court of Pennsylvania · 1854
  5. Spalding v. EwingSupreme Court of Pennsylvania · 1892

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