Gramigna v. Board of Ministerial Pensions & Relief of United Presbyterian Church of North America
This text of 199 A. 177 (Gramigna v. Board of Ministerial Pensions & Relief of United Presbyterian Church of North America) 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.
Opinion
This appeal raises the issue whether a principal who delivered a bond and mortgage executed in blank, together with settlement papers similarly executed, to his agent entrusted with all of the negotiations to procure a loan is bound by the delivery of the mortgage and the payment of the mortgage money to the agent, notwithstanding the agent’s misappropriation of that money. “Where one of two innocent persons must suffer loss by reason of the fraud of another, the loss must fall on him by whose act the wrongdoer has been enabled to commit the fraud”: Mielcuszny v. Rosol, 317 Pa. 91, 96. The court below correctly so held.
Decree affirmed, costs to be paid by appellants.
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Cite This Page — Counsel Stack
199 A. 177, 330 Pa. 335, 1938 Pa. LEXIS 609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gramigna-v-board-of-ministerial-pensions-relief-of-united-presbyterian-pa-1938.