Legal Opinion

Horlacher v. Bear

Superior Court of Pennsylvania

Decided December 14, 1906No. Appeal, No. 171Published

Appeal, No. 171, Oct. T., 1906, by plaintiff, from order of C. P. No. 4, Phila. Co., June T., 1905, No. 2,426, discharging rule for judgment for want of a sufficient affidavit of defense in case of George Horlacher, trading as George Howard, v. William L. Bear, trading as William L. Bear & Co. Assumpsit for balance alleged to be due on purchases of wheat.

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Appeal, No. 171, Oct. T., 1906, by plaintiff, from order of C. P. No. 4, Phila. Co., June T., 1905, No. 2,426, discharging rule for judgment for want of a sufficient affidavit of defense in case of George Horlacher, trading as George Howard, v. William L. Bear, trading as William L. Bear & Co. Assumpsit for balance alleged to be due on purchases of wheat. Plaintiff in his statement averred that the defendant was indebted to him in the sum of $459.54, a balance alleged to be due on certain purchases and sales of wheat. Attached to the plaintiff’s statement of claim were certain exhibits marked…

1Opinion of the Court

Opinion by

Henderson, J.,

If the facts were, as alleged by the plaintiff, that the defendant in executing the orders of Taylor knew that the latter was acting as the agent of the plaintiff and that the business was done on the plaintiff’s behalf, the defense set up could not prevail. If authorities are necessary on so clear a proposition, Evans v. Waln’s Executors, 71 Pa. 69, and Ryman v. Gerlach, 153 Pa. 197, show that a broker who received securities from an intermediate broker, with knowledge of their actual ownership, cannot apply their proceeds on a claim ag’ainst such intermediate broker.…

2Cases cited2 opinions

  1. Ryman v. GerlachSupreme Court of Pennsylvania · 1893
  2. Evans v. WalnSupreme Court of Pennsylvania · 1872

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