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1 Monag. 209

Essick v. Buckwalter

Supreme Court of Pennsylvania

Decided February 18, 1889

Supreme Court of Pennsylvania · decided 1889-02-18

Error, No. 60, Jan. T. 1889, to C. P. Montgomery Co., to review a .judgment on a verdict for plaintiff in an action of assumpsit, for money loaned and advanced, at June T. 1887, No. 89. Williams and McCollum, JJ., absent. The declaration was upon the ■ common counts. Plea, non assumpsit. The evidence was to the following effect, at the trial, before Swartz, P. J.; In 1886, Buckwalter and one Beideman were engaged in the saloon business.

Decided 1889-02-18

Per Curiam,

¶1It was not error in the learned court below to charge the jury that, “under-the power of attorney in evidence in this case, Essick, as the agent of Buekwalter, had the right to dispose of Buckwalter’s interest in the saloon business, but Under the authority, he had no right to endorse a note for $150 when the purchase money of the personal property was but $200, so as to make his principal liable for such endorsement.” It was not error, therefore, to refuse defendant’s fifth point, which prayed for an instruction the direct opposite of the above ruling. If the agent could thus have bound his principal for a note of $150, he might have bound him for $1,500, or for any indefinite sum. This power was neither given nor implied by the letter of attorney.

¶2The question of the ratification, by the principal, of the attorney’s act, was properly submitted to the jury, and tlieir verdict ends this case.

¶3Judgment affirmed.

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