Northwestern Consolidated Milling Co. v. Young

Citations

• 261 Pa. 177
• 104 A. 550
• 1918 Pa. LEXIS 706

Syllabus

<p>Assumpsit — Affidavits of defense — Averments — Insufficiency — Salesmen — Collection of money — Application to other accounts— Knowledge of principal — Agency.</p> <p>1. Where in an action of assumpsit for money had and received to plaintiff’s use, it appeared that defendant had been employed by plaintiff as a salesman and collector, and that he had collected in this capacity over $2,800.00 for plaintiff, an averment in the affidavit of defense that defendant should not be charged with this amount because of the fact that he had paid it to plaintiff by applying it on other accounts on which money was owing was insufficient to prevent judgment where there was no averment of defendant’s authority to make these applications, and no averment that they were made with the knowledge of plaintiff or of the parties whose money was so credited.</p> <p>2. Where in such case claim was made for $6,166.64, the value of flour which defendant had sold for the account of plaintiff, and which he had caused to be charged'on the books of plaintiff as having been sold to certain persons whose names were set forth but who had not purchased the same, an averment in the affidavit of defense that defendant was acting under the orders of an assistant manager of plaintiff, that such manager would call on defendant for money and insist on having advances without delay, and that defendant thereupon made sales of flour at less than the prevailing price, but charged the persons so purchasing with the prevailing market price whereby the balances against customers, being the difference between what they paid for the flour and the market price, increased from time to time, aggregating the amount claimed, was insufficient to prevent judgment where it did not appear that such arrangement was ever acquiesced in plaintiff, or that plaintiff had any knowledge of the same, or that the manager under whom defendant was acting, had knowledge of such arrangement or that he had authority to make such arran