Comly v. M'Bride
Cases that cite this one
1 later published case cites this decision.
- McQuesney v. Hiester (Pa. 1859)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.