Legal Opinion

Hoskinson v. Eliot

Supreme Court of Pennsylvania

Decided July 7, 1870PublishedCited by 10 opinions

October 19th 1869. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. Error to the Court of Common Pleas of Erie county: No. 69, to October and November Term 1869. This was an action of debt, commenced April 29th 1868, by John Eliot and others, trading as Eliot, Goodwin & Co., against William Hoskinson, James Hoskinson, Charles A. Winn, William Bone, Reese W. Flower, and Jonas Gunnison and C. E. Gunnison, administrators, &c., of George J. Morton, deceased,…

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October 19th 1869. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. Error to the Court of Common Pleas of Erie county: No. 69, to October and November Term 1869. This was an action of debt, commenced April 29th 1868, by John Eliot and others, trading as Eliot, Goodwin & Co., against William Hoskinson, James Hoskinson, Charles A. Winn, William Bone, Reese W. Flower, and Jonas Gunnison and C. E. Gunnison, administrators, &c., of George J. Morton, deceased, doing business under the firm name of the “ Excelsior Steam Pressed Brick Company.” The first two counts of the declaration…

1Opinion of the Court

The opinion of the court was delivered,

by Williams, J.

The main question presented by the assignments of error in this case — though not the first in numerical order — is, *400whether Charles A. Winn, under the articles of partnership, constituting the Excelsior Steam Press Brick Company, had authority, either as agent or partner, to borrow money on the credit and for the use of the firm in carrying on its business; and whether the partnership is liable for the amount lent or advanced for its use, by the plaintiffs below, at his request.

It is contended by the plaintiffs in error that Winn had no…

2Cases cited2 opinions

  1. Winship v. the Bank of the United StatesSupreme Court of the United States · 1831
  2. Anderson v. LevanSupreme Court of Pennsylvania · 1841

3Cited by10 opinions

  1. Lipschutz v. LipschutzSuperior Court of Pennsylvania · 1936
  2. Salt Lake City Brewing Co. v. HawkeUtah Supreme Court · 1901
  3. Funk v. YoungSupreme Court of Pennsylvania · 1916
  4. Lehigh National Bank v. SeyfriedSupreme Court of Pennsylvania · 1925
  5. Rice v. JacksonSupreme Court of Pennsylvania · 1895

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