Patterson v. VanLoon

Citations

• 186 Pa. 367
• 40 A. 495
• 1898 Pa. LEXIS 1009

Syllabus

<p>Principal and agent — Implied agency — Evidence.</p> <p>In establishing an implied agency deduoible from a course of dealing between the parties, and from ratification of the alleged agent’s acts, greater latitude is allowed in the admission of testimony tending to prove facts and circumstances from which the existence of the agency may be legitimately inferred than is allowed to prove an express agency.</p> <p>If a person gives credit for money, collected by another who represented himself as the creditor’s agent, and such alleged agent subsequently, in the same business, collects more money and fails to pay it over to the creditor, a jury may infer that the creditor had ratified the act of the person representing himself as agent, and he will be compelled to credit collections which such person makes and fails to pay over. In such a case the fact that the agent received compensation from the person paying the money would not prevent the relation of principal and agent- between the agent and the creditor, if such was the mutual understanding.</p> <p>Debtor and creditor — Appropriation of payment — Mortgage.</p> <p>Where a mortgagor makes payments to an agent of the mortgagee, and specifically appropriates such payments on account of the mortgage, the mortgagee cannot in a suit upon the mortgage introduce in evidence a judgment held by the agent personally against the mortgagor to support a theory that the. payments had been made on account of the judgment.</p>