Phila. N. Bank v. Warehousing Co.
Phila. N. Bank v. Warehousing Co.
Opinion of the Court
A careful examination of this voluminous record has failed to convince us that the court below erred in dismissing the exceptions to the master’s report. If Pemberton had been an agent to sell, there might have been a serious question as to his right to become interested with Jansen in the purchase, without disclosing such fact to his principal; but the master has found that he was an agent for care and custody only, and the evidence is abundant that the sale was made by the plaintiff, and not by Pemberton. The latter merely procured Jansen to bid, at request of the plaintiff; and when the transaction was closed and the final bid accepted, Pemberton was not even allowed to be present. This is entirely inconsistent with the idea that he was an agent to sell. There is really nothing in
The decree is affirmed, and the appeal dismissed, at the costs of the appellant.
Reference
- Full Case Name
- PHILA. N. BANK v. WAREHOUSING ETC. CO.
- Cited By
- 1 case
- Status
- Published
- Syllabus
- On a bill in equity for discovery and for an account, averring that the defendant, as the sales-agent for plaintiff, had secretly become interested in a purchase of plaintiff’s goods and had shared with the purchaser in the profits thereof, the disputed questions being questions of fact, found by the master against the plaintiff, the decree confirming the master’s report and dismissing the bill is affirmed.