Wilson v. Wilson
Supreme Court of Pennsylvania
Error to the Common Pleas of Blair county. This was an action of assumpsit brought by Thomas Wilson against Matthew C. Wilson, to recover certain money which the defendant, who resides in Blair county, Pa., had received for the plaintiff, a resident of North Carolina.
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Error to the Common Pleas of Blair county. This was an action of assumpsit brought by Thomas Wilson against Matthew C. Wilson, to recover certain money which the defendant, who resides in Blair county, Pa., had received for the plaintiff, a resident of North Carolina. While the money was in the hands of the defendant the plaintiff wrote him the following letter, dated 2d May, 1851:— “ There is a matter I have insisted to know and which is due to every one of the heirs and it is this sir, the amount of all dues against and in favour of the estate in bonds notes book or proven accounts, that…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
The primary obligation of an agent, whose authority is limited by instructions, is to adhere faithfully to those instructions, in all cases to which they ought properly to apply: Story on Agency, § 192. He is in general bound to obey the orders of his principal exactly, if they be imperative and not discretionary ; and, in order to make it the duty of a factor to obey an order, it is not necessary that it should be given in the form of a command. The expression of a wish by the consignor may fairly be presumed to be an order: Story on…
2Cases cited1 opinion
- William & James Brown & Co. v. McGranSupreme Court of the United States · 1840
3Cited by4 opinions
- Paul v. GrimmSupreme Court of Pennsylvania · 1895
- London Assurance Corp. v. RussellSuperior Court of Pennsylvania · 1896
- Stewart v. Pen Argyl National BankSupreme Court of Pennsylvania · 1932
- Wheeler v. Payne, Pennsylvania Court of Common Pleas, Crawford County1921