Lasher v. Stimson

Citations

• 145 Pa. 30
• 23 A. 552
• 1892 Pa. LEXIS 758

Syllabus

<p>1. Any person assuming to act in this state as agent for a foreign corporation, must be considered as having knowledge of its powers and their limitations, and whether it has conformed to the requirements of the act of April 22, 1874, P. L. 108, requiring its registry in the office of the secretary of the commonwealth, to entitle it to do business here.</p> <p>(a) The plaintiff did work and furnished goods to and on the credit of a foreign manufacturing company, upon the order of the defendant assuming to represent it as its agent in this state. The company was a corporation, but had not complied with said act. That it was a foreign corporation, or a corporation at all, was unknown to the plaintiff:</p> <p>2. The company could not authorize the defendant to do business for it in this state, and he must be held cognizant of its incapacity. Assuming to act for the company in this state, knowing that he was not authorized to do so, the defendant became personally liable to the plaintiff with whom he dealt for or on account of his principal.</p> <p>3. Moreover, the liability of the defendant is not limited to the penalty prescribed by § 3 of the act of 1874. The penalty for acting as the agent of a foreign corporation not complying with the provisions of the act, is not in lieu of, but in addition to his common-law responsibility to the person with whom he unlawfully dealt.</p>