Siner v. Stearne

Supreme Court of Pennsylvania January 16, 1893

Siner v. Stearne, 155 Pa. 62 (Pa. 1893)

25 A. 826; 1893 Pa. LEXIS 1187

Dean, Green, McCollum, Mitchell, Paxson, Sterrett, Williams

Opinion of the Court

Per Curiam,

We think this case is ruled by Bradstreet v. Everson, 72 Pa. 124, and by Morgan v. Tener, 83 Pa. 305. The defendants, having undertaken the collection of plaintiffs’ claims, are responsible for the neglect of the attorney employed by them by which the claims were lost. The question of defendants’ negligence was fairly submitted to the jury, and their verdict is conclusive upon the question of fact. ¡,

Judgment affirmed.

Reference

Cited By: 4 cases
Status: Published
Syllabus: Liability of collector for negligence of attorney. A collector who undertakes the collection of a claim is responsible for the negligence of the attorney employed by him, by which the claim is lost. JBradstreet v. Everson, 72 Pa. 124, and Morgan v. Tener, 83 Pa. 305, followed. Defendants, carrying on business as “conveyancers and collectors,” filed, on behalf of plaintiff, mechanics’ lien claims, placing the name of an attorney upon the same. Subsequently an order was made upon plaintiffs to issue writs of scire facias. The attorney neglected to issue the writs, and the liens were lost. The question whether defendants were employed merely to file the claims or to collect them was disputed, and it was also disputed whether the attorney was employed by plaintiffs or by defendants. The whole case was submitted to the jury, with instructions that, if defendants were employed to collect the claim and if they employed the attorney to act under their instructions, they were liable. Held, not to be error.