Auge v. Darlington

Citations

• 185 Pa. 111
• 39 A. 845
• 1898 Pa. LEXIS 678

Syllabus

<p>Evidence — Gross-examination—Nonsuit—Laches.</p> <p>In an action to recover the value of bonds which the plaintiff alleged the defendant had sold without authority, a nonsuit is properly entered, if it appears from the plaintiff’s testimony that the defendant was her confidential agent; that he received money upon her securities as they matured, and reinvested the proceeds; that he sold the bonds in controversy four years before suit was brought, and invested their proceeds in other bonds, and had collected and paid over interest upon the same, and that plaintiff, with full knowledge of the transaction, and living in the same town with defendant, and with the new securities in her possession, had not for four years made any inquiry or complaint; the plaintiff, not having disaffirmed defendant’s acts within this length of time, will be presumed to have ratified them.</p>