Commonwealth v. Shober

Citations

• 3 Pa. Super. 554
• 1897 Pa. Super. LEXIS 57

Syllabus

<p>Principal and agent — What constitutes the relationship.</p> <p>A factor is an agent employed to sell goods consigned to him or delivered to him by or for his principal for a compensation commonly called factorage or commission.</p> <p>An agreement to sell as factor or consignee certain goods to be shipped by the consignor and.further providing that until settlement made all such goods, moneys, accounts, etc., arising from sales of same shall be considered as belonging to consignor and as such to be kept separate and distinct constitutes the relation of principal and agent.</p> <p>' Criminal law — Agent liable for fruit of illegal transaction.</p> <p>If money has been actually paid to an agent, for the use of his principal, the legality of the action of which it was the fruit does not affect the right of the principal to recover it. nor the criminal liability of an agent for embezzlement as consignee. An agent may not be heard to deny the tille of his principal.</p> <p>Foreign corporation — Proof of compliance with act of 1874 not required ■ — Embezzlement of agent.</p> <p>A foi'eign corporation having caused its agent to be indicted under section 125 of the act of March 31, 1860, P. L. 411 providing for the punishment of embezzling consignees, the commonwealth is not obliged to prove that the consignor had complied with the act of April 22, 1874, P. L. 108, which makes it unlawful for any foreign corporation to do business in Pennsylvania, without first filing in the office of the secretary of the commonwealth, the statement required by the act.</p>