Kane v. Schuylkill Fire Insurance
Supreme Court of Pennsylvania
Appeal, No. 177, Jan. T., 1900, by plaintiff, from decree of C. P. No. 1, Phila. Co., June T., 1897, No. 1326, on bill in equity in case of William Kane v. Schuylkill Fire Insurance Company. Bill in equity for an account and discovery.
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Appeal, No. 177, Jan. T., 1900, by plaintiff, from decree of C. P. No. 1, Phila. Co., June T., 1897, No. 1326, on bill in equity in case of William Kane v. Schuylkill Fire Insurance Company. Bill in equity for an account and discovery. See Kane v. Schuylkill Fire Insurance Company (No. 1), ante, p. 198. Before the referee it was claimed that the taxes on the Schuylkill Fire Insurance Company should not he included in the expenses which plaintiff was obliged to pay under his contract of employment. It appeared that it was the plaintiff’s practice to charge the taxes against the company, and…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
We are not satisfied that the referee erred in finding that the defendant company was not bound by knowledge of the entries in the books as to the taxes. The circumstances were peculiar. Everything was in the hands of the plaintiff. As to real ownership, Balfour was the company, but as to management the plaintiff was the company. The books though nominally the books of the company were in fact his books, kept by his employees under his orders and supervision. The entries therefore were evidence against him, but only in a limited and qualified way evidence for…
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