Hollander Brothers Drug Co v. American Surety Co.

Citations

• 47 Pa. Super. 403
• 1911 Pa. Super. LEXIS 167

Syllabus

<p>Replevin — Bank bills — Check—Principal and agent — Set-off—Act of April 19, 1901, P. L. 88.</p> <p>In an action of replevin to recover certain gold certificates of the United States government and bank notes and a check drawn to the order of the plaintiff, an affidavit of defense is sufficient which avers that the defendant was employed by the plaintiff as an agent under an agreement to pay to Mm for Ms services twenty-five per cent of all sums realized by Mm and that at the time of the receipt of the notes and check plaintiff was indebted to Mm in an amount greatly in excess of the certificates, notes and check.</p>