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· 10/5/1891

Wheeler & W. Mfg. Co. v. Aughey

Citations

  • 144 Pa. 398
  • 22 A. 667
  • 1891 Pa. LEXIS 626

Syllabus

<p>1. When an agent has procured the note of a third person, drawn to the order of his principal, by means of the representation and upon the condition that it was to be used for a particular purpose, the principal, upon accepting the note, will be bound by the agent’s representation and stipulation, even though the making of them was unauthorized: Mundorff v. Wickersham, 63 Pa. 87.</p> <p>2. Landis being indebted to the plaintiff on a settlement, plaintiff drew up notes for the amount and sent Landis to procure defendant’s signature thereto. For the purpose of obtaining the signature, Landis was plaintiff’s agent, and plaintiff therefore took the notes subject to conditions affecting their consideration upon which they were obtained by him.</p>

Judges: Clark, Green, Mitchell, Paxson, Sterrett, Williams

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