Commonwealth v. Press Co.

Citations

• 156 Pa. 516
• 26 A. 1035
• 1893 Pa. LEXIS 1379

Syllabus

<p>[Marked to be reported.]</p> <p>Public officers — Embezzlement—Eraud—Public advertisements.</p> <p>The proprietor of a newspaper, who agrees to pay a commission to a public officer for the purpose of procuring official advertisements, and the price of the advertisements is enhanced to the public by the amount of the commission, is liable to the commonwealth for the amount of the commissions paid.</p> <p>Where the proprietor of a newspaper agrees to pay large commissions for official advertising to the person who agrees to procure the advertising, and the proprietor makes no inquiry as to who is to actually receive the commissions, or as to the relation of the person with whom he is dealing to the public official controlling the advertising, he is guilty of such negligent conduct as will entitle the commonwealth to recover from him the amount of the commissions which he paid.</p> <p>Eorm of action — Trespass—Amendment.</p> <p>In such case it seems that the proper form of action is trespass and not assumpsit. After verdict, the court will amend if necessary.</p> <p>Interest — Damages—Tort.</p> <p>In such a case interest will be allowed not as interest but as compensation for the delay, of which the rate of interest affords the fair legal measure.</p>