Comly v. M'Bride

Supreme Court of Pennsylvania

Comly v. M'Bride

4 Whart. 526, 1839 Pa. LEXIS 237

CourtSupreme Court of Pennsylvania

DecidedMay 8, 1839

StatusPublished

Cited by1 cases

This text of 4 Whart. 526 (Comly v. M'Bride) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Comly v. M'Bride, 4 Whart. 526, 1839 Pa. LEXIS 237 (Pa. 1839).

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Opinion

Per. Curiam. —

A remittance of the proceeds of sales.by an agent is not necessary to maintain an action against the principal. It is true that an action for money had and received cannot be sustained unless money has been actually received; but if the actual vendor were the defendant’s agent, of which there was evidence to go to' the jury, his receipt of the price was the defendant’s receipt of it. Finally there was a count in the declaration on which the plaintiff might recover. '

Judgment affirmed.

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Per. Curiam. —

A remittance of the proceeds of sales.by an agent is not necessary to maintain an action against the principal. It is true that an action for money had and received cannot be sustained unless money has been actually received; but if the actual vendor were the defendant’s agent, of which there was evidence to go to' the jury, his receipt of the price was the defendant’s receipt of it. Finally there was a count in the declaration on which the plaintiff might recover. '

Judgment affirmed.

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Bluebook (online)

4 Whart. 526, 1839 Pa. LEXIS 237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/comly-v-mbride-pa-1839.

Opinion

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