Sergeant v. Emlen

Citations

• 141 Pa. 580
• 21 A. 663
• 1891 Pa. LEXIS 1108

Syllabus

<p>1. In assumpsit, wherein the plaintiff trustees declared for a “ balance of amounts collected and received by the defendant for the use of the , plaintiffs,” the defendant is not liable for moneys fraudulently and secretly misappropriated by his fellow-servant, none of which reached defendant’s hands.</p> <p>2. The fact that the defendant, by his neglect to note and examine the entries made by his assistant in the books of the estate, failed to 'discover the misappropriations, did not render Mm responsible, as the duty of such supervision did not rest upon the defendant, but upon the plaintiffs.</p>