Christian Moerlein Brewing Co. v. Rusch

Citations

• 272 Pa. 181
• 116 A. 145
• 1922 Pa. LEXIS 796

Syllabus

<p>Trusts and trustees — Principal and agent — Agent talcing property in his own name — Bight to damages for injury to property by change ‘of grade — Parol promise — Act of April 22,1856, P. L. 582— Evidence — Memorandum in writing — Witness—Failure to object to evidence at trial — Waiver—Appeals.</p> <p>1. The property of a principal does not necessarily become that of the agent, because the latter is authorized to and does receive it in his own name.</p> <p>2. It is competent to show a writing was executed on the faith of a parol promise, although the latter may change the terms of the former.</p> <p>3. A trust as to personal property may always be established by parol.</p> <p>4. In an action to recover money received by defendant as change pf grade damages to a leasehold standing in his name, where plaintiff claims that the leasehold was held in trust for them, Judgment for plaintiff will be affirmed, where letters of defendant clearly admitted the existence of the trust, and the evidence shows that the damages had been formally assigned to defendant without consideration, in order to assist in their collection.</p> <p>5. In such case, as plaintiff was not trying to enforce a trust as to realty, the five years’ limitation provided by section 6 of the Act of April 22, 1856, P. L. 533, has no application.</p> <p>6. Nor is it necessary, under the circumstances of the case, to decide whether a leasehold estate falls within the term of “lands, tenements or hereditaments” in section 4 of the Act of 1856, for, if so, the trust was sufficiently manifested or acknowledged in writing signed by defendant to satisfy the statute.</p> <p>7. Where a witness has no present recollection of a past event, even when aided by a memorandum made at the time, the memorandum itself may be offered in evidence, on proof by the witness of his knowledge of its accuracy when made, and that it was made when the transaction was fresh in his mind.</p> <p>8. The place to question the authenticity