Pepper v. Cairns
Pennsylvania Court of Common Pleas, Philadelphia County
No. 458 January Term 1889, Sup..Ct.; court below, No. 397 March Term 1888, C. P. No. 1. On March 31, 1888, Sally N. Pepper, surviving trustee under the will of Henry Pepper, deceased, brought a scire facias against John Cairns upon a mortgage dated October 10, 1886, given by the defendant to J. Dickinson Sergeant and Sally N. Pepper, trustees, etc. The defendant pleaded payment, payment with leave, etc.
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No. 458 January Term 1889, Sup..Ct.; court below, No. 397 March Term 1888, C. P. No. 1. On March 31, 1888, Sally N. Pepper, surviving trustee under the will of Henry Pepper, deceased, brought a scire facias against John Cairns upon a mortgage dated October 10, 1886, given by the defendant to J. Dickinson Sergeant and Sally N. Pepper, trustees, etc. The defendant pleaded payment, payment with leave, etc. At the trial on January 11, 1889, the plaintiff, after putting in evidence the mortgage in suit, rested. The defendant then called J. Dickinson Sergeant, who was one of the mortgagees but had…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell:
This case belongs to that unfortunate class in which one of two innocent parties must suffer from the fraud of a third; and it is also an illustration of the evils of the practice, so constantly reprobated by courts, but apparently so inveterate in business, of the same person being employed as agent by separate parties whose interests are, or at any moment may become adverse. The legal principles by which such controversies are to be settled are perfectly clear, but require much care in their application.
The essential facts in this case are not really in dispute.…
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- Halsey v. Rapid Transit Street Railway Co.New Jersey Court of Chancery · 1890
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