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![handle is hein.statereports/pittlegj0017 and id is 1 raw text is:
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'Volt XVII..' ::1'... PITTSBURGH, MONDAY, JANUARY 8, 1870. .,No, ...
S. This ,greet *as executed by be- day 4,500 shares of stock to John 11. agreement, thlerefore, was hot blding
Ing sIgned by Lester & Tatham, a1td by Lester, 500 sltares of stock to Charles 11. n the company unless It was subse-
thopllititfras presidentofthitcoonpany; Tathnin, 100 shares of stoek to George quenely ratified or adopted by It. 'Asit
Supreme, Court. of. Iennsyvania. and In pursuance of tlestipulation coln- J. Rtiehardson, the plaintifr-being the was made li tle name of the company
. taled therein the plalntllf deposited full amount of the stock deposited with It might be ratified by It, and If It was
ItUCIKA]tDON V. SWING' ACIINc6.O. with Tathint & Bros,. on tile 15th of them under the agreement of the. 18th ratified or adopted, the company Is as,
. bedoctrine that If on; .uumlen to oI as nt, Juno, 1807, 5,100 shares of stock, t6I of June, 1807. fully bound by its terms and provisions
t 1 thauaalihorlty, mait., alntrali, tie bneft gether with a dplicate of the agree-' The pantili claims to recover the as If It had been 'made by annutiottzcd
or.ilh . rcto.han cd adopted by the party I. ment, to be lid by them as trusteca, valne of the 5,000 shares of stock thus agent in pursuance of aen express n
wtoc~eba,ctlf I we. m~de, .eolh p.11y wilt Iae liable.
th witeor, naoebto to w d poretioascprty willa I, and to be returned to Jim, or delivered deposited by him with Tntatn &Broe., therity previously conferred on hin.
l. will, tile qnaoallocoa ti tla t oe cntract oat i.e to Lester & Tathani as provided In tile and transferred to Lester & Trtni in It Is a very clear and salultary rule In
iaastit opertconrl nderIto charter h power o agreent. .::O. t ;s . aylnyment of the right illeged to have relation to agenries thatwhere thsljrin-
sthrSlyltoren such s, l me byi n agent On tileosame day, Junel , 18a7,sle bcenacquiredanedexrcisedbythecom- cipal, with knowledgo of all tie facts,
paaIr-y.ulh..ritd tome 14 would tied thes nrd Paxson, tbc treasurer of ite cen- psny to manufacture ned gell Bowing adopts or acquiesnes lie the nets done
Ta, :rsenatiSon at any tna Of o choiling contract pany, gave to tile plailtiffat receipt for inachines under tile Lester license, tend tuder an assunede agency, he cannot be
by.raarporetlollll alndln o tile 5,100sibares, whi i hie iad deposited surrendered at Its Instance aniprocure. heard afterwards to Impeach them, un-
- Irot tts i10, phlti brouglt in tcuarin fortlhe with Tatliamn & Bros. as follows:- ment for a new license. der tie pretence that they were 'tlone
,.luelpiral.or. arollco pnl' sockloaned to Itfor Proutsalnt). The evidence silows tihat one-half of without authority, or even contrary to
the pinl I'M. of~tecnulr, g to It . t 11. g, o hol d by (Pllle
be t. provedlinte.had 1. ta. oz.loestockorfcob Tile evidence shows that after tile thestock delaositedbytitep lahitffrwith instructions. Whentloprihelpallasin-
eoempoaay nar eltahe we. clgelg to coroumt to e.r. right to work unader tile Lester license Tiatham & Iros., to wit., 2,500 of the farmed of what ias been done lie must
or halt leaned to them, lie weai cot only tait be et. lind been thus acquired, the cotlituy 5,000 shares, belonged to Itlchard Pax- dasent anti give notice of It In a reans-
lied to recoter, bt would be held to fount or Ili
resldue In tIls hands: , * 4 proceeded to inalaufaeturaeed sell Bow. son, and that lie has brought stilt tiere- onie ttme; and If lae does not, his an-
Where orpetnlo adopts and rtllfih'th. entnrt Ing machines, aild in Septeanter of tie for egainsttite cotatpany sitce the in- set and ratification may be presulmed:
ora. iaselil,,ohll, Intol.. tht iost. to It tb talc, or same year mnade a returt of tile nuln- siltation of the present action. ]lut all -2 Kent's Coin. 010. If oUe tatuuning
Moo shares,r Ma ttock of the corporatlon to be s.ed ter matufacttred atd sold, and pai tile pnrtli. in Itterest have agrecd that to act ts ala agent, but without legal tau-
:a pay lent o It. own Ilad.lhtrllt , It would he l el,
Ite. a.algii to hin for it.. vele of the stUck It It tile anountof the royalty or patent fees theojury shal pass pon the whole case thorlty, makes ticontract, the benefits
aied torelurn It, lhough thIe c euIay naq tat hat. titerefor lit taccordanco' with tite terms altt find suchi a verdict as they maight (f which are received need ai opted by
headrile tlo.Uoloharel of Ila stock it. tileae tie atnd requirements of tle license. Oi nd woulI If the phatittfirad tie legal the paray In whose beltalf it was made,
agheteiflo . e I te 23d of September, 1807, the piatt.' right to muhtithti tile action for tie stch party will be liable thereon: 1
Buailt vnau Islit highaest rar ntcae price or Ike
srck hot Iit. th.lleeo lb. do oad end asl. ,1.7 of tiff resigned the presideney of tue coma- whole stock. 'is will be a saving of Pick. 872; 10 Jolans. 60. 'ls doctrine
tril. pany, attud ott tiae 22d of November, Tat. tUme Bll expense to the parties, atd Is ts appliciable to corporations as to in-
VILLIAMS, ' 1Jris is att aCtittn ham & BFos. exchanged the certificates will do no Injustice to therights of elth: dividuals, with this qualification, that
broughtby~eorgeJ..lethardsougaist ofstock deposited with them by tile or, as the evidenco lit regard to the the contract must be such as the cor-
tie AnerinattButtonhule, Oversanlig plaitllf-beittg certificates Issued by whole cilht has been fully heard. Is poratiout unter Its charter has power or
auidsewieg MaoltCnconmany torecov- tile old compaty uader the Now York tile plahtllfrthen entitled to recoverthe authority to make, and such its, if made
er the Value 'of 5 shares of tiae stuck ehnarter for cerillcates li tile new com- value of tite stock, attd is the defendant by an agent expressly aulltor)t.e$ to,
of said cotpanny, alleged to itavo been patty tinder ite 1'etltllitatil e alairter. Iluibl for tile nlioutit thereof? ' make it, would bid the ClnpeDS
lent or advaaced to the cottmpaly, and This exchange, It is allegei, was ntde The cotpany denies its liaabiity for Was tite company then Ittfornic
transferred with tie knowleidg atnd with tile knowledge mnt approval of the vnluu of tile sal stock, Btaa Itn8lsts the agreement made in Its aehrlif ,
coaset of its officers and autthorized tie authorized agetts atd oiicers ofthe that the phdaittlii' Is not entitled t re- paintiff with Lester & Trillium, ald
tagelits to Jto II. Lester aid Charles It. cotlatly, land at tie salie time the seat cover therefd': to e dli It, with a knowledge of Its trms
TtItalthm, flor and it coasideration o titl of tile company wnts atllIxed to thmegree, lst.-ieeaase time copatny dil not ned provisiloni, ratify the ogreement,
righat to work under a litease,, granted ment mae by tile plaiitifon betaif of autmrize the contract tinde hy the ad'nccept filed adopt Its benefits? If
by .Elic Blowe, Jr., and others, to Jotn the caltptny witt Lester &'athan tty, plittlfl' on Its behaif with Lester & s, tile defeleatnt Is bomted he the natre-
It. Lester,'to manufactureatadsell sew. or under tiae direction of, Frederick Tatham, nor its It itdopted, ratified or' ntnt, and liabel for Its performnIce to
ing maaitaue. , ' Paxso, a dircctor of tile cotmlany need satlctiotnd tie said agreetlct. - the same extent that It would be If It
Tl iaitttllr was time president of tite a neber of Its executiveoattittee. 2nd.--T'rhat even if tile company re- fid ben mnidewith its expressauthorl-
company, atld on its behalfentered tto by whorn tle exchange of the' stock ceivti the bentfits of tile greement, ty previously given.' ! 'IF, - ' I'
an agreetaeat with Lester & Tathuat, with 11. 11. Tatham was made. The mN did stuct nets as atmount tit a ratifl- Whether tile company was informed
., on time 13th of Juie, 1807, by which company conthued to nntuilloture and cation of the contract, tie platift, tat of tile agreemet, and whether with a
Lester agreed to associate tile cottpaty soft sewintg tasehines, ani on tite 10th the tine It was mnade, lind lt Ills Ps- knmowledge of all Its terms and provis-
witih hitself tinder tie ileuse, grnnted of December, 1807, made rctur of the session 0,130 shares of tile company's Ions it ratified the agreement, atad ao-
to imn by Elfas Howe, Jr., and others, number manufactured anid sohl at thttt stock, for wlich le lies never paid a cepted Its benefits, Is a quistioi of fact
to makeaudsill sewiglutntetiles,dated tiate and the amount of tle latett or dollar of eonsideratiot, amid for thopro- for the deterniination of theojury under
Decetber 31, 1859, and February 29, iicnse fees duetherefor. On tie 7th of coeds of whlie ie has neveraeconted. all tile evidence it thet Cause. '
1800, tattdl to hoid 100 starof time con- Apri , 1808, tm coumpaty npon tiaocon- That In addition to lhis liability for tia Te plahttfl'hasgiven evidene tend-
,pany's stock not transferrablo, atd by ditio antd lit consideration, as It il. said stock, the trustees, of whom ie Ilg to show-and his counsel contend
which also tite compaly agreed to give ,ears, of tie. surrenter of tile Lester was one, wrotgfully transferred to ilm that It establisies-to followitg facts,
.Lester & Tathnun 5.000 shares of stock license, obtained from the etbited the one-third of 0,130 shares, viz., 2,045 viz. a Tiat time lrectors were Informed
for tite full, legal audsaieceful right to companies li New York a Raw ilieets shares, at $3.25 per share, attd that ho by the p .eintlff tiet' he ite nade the
work untder sAid licetse, Witea cota- to nmauffteture'atmd sell sewing ta- Is liable to the compaty on eaeha of said agreement ont behalf of time company;
-'firmed by tito licensors.or by itigtittln. chites on the imytent of $6 patent fees shares for the diibrenc between tile tlit the agreement Itself was exani nei'
As tiaere was some doubtwhetherthe for each maehiue tmanuactured and sm of $3.25 actually paid and the seam at Tathan & Brothers' with whom I.
licenso would be eofirted by time Hl- sold. 'ittIduce Lester to maike. the for which It migtt ieave been sohl, viz., was deposited, by'the executive com-
ceasurs, and 'as litigation might be surrender, the company agreedl to take $12.50 per sihare, making the dflbrence a mittee appointed.by the company and
necessary In order to estabiush its Vs- 250 shares or Ili stock ntad pay ilin $8.25 ott each of sai sirese. nutitorized to act lit Its behalf; thtat al.
tidilty, It wasstipuluted tha.4,00shares therefor at the rate of $10 per shttre. 8rd.-That as the plaittuir knew tint ter It lead been so examined and Ils
of stock, with teoptj f theagrentenlt, When the now licene hed be thus time cottpany iati not 5,000 sitares of terms and provisions ascertained, the
should be placed it the iands of Tat- nbfinencd tie compaty, by Its then presl- stock at the ditto of the agreement with seal of time conpaty was affixed to It
Waim & tios., of Philadelphia, to abide dentt, J. L. Fenninore, enteredl into tile Lester & 'rathatn le cannot recovernUp- by, or underthe dlrcettofFrederlok
the result of thelitigatou contetplated following uleplemental agreement with ot the contract, even if ratified, by the Paxsont e of tite members 'of said
aid should tile licenso be declared void' Lester & Tatitam. (Agreement dated conmpany, for the stock advanced by committee, for the express purpose of
that then tile whole 6,000 -stares of Apri 7,188,ratifyig and renderig It vald aind
qtoel$ shnotlbe returned, to tile com- And also Itto the following agree- It Is admitted that the plaitlif' was binding; that the cotpany manufac-
paitly; bait-if sustained, or.,conflrined iaat wita Lester,belng the subsidiary net authorized by the directors of tle tured atmd sold sewing maciines under
by, the lcensors, or anw, liceiso be 'agreement refdrred to thereln. (Agree- company to make time agreement for said agreement and the right to use tile
gralttted, the stock shoul be delivered mett dated Phlladelpitia, April 7, 1808. tue purchase'of the rigiht to manane-' lictnso, acquired thereby, andI .made ',
':to. Lester & Tattam, and uItltl so de- read proutj. ture atd soil machincs under the Lee- returnis of tite machines so manufae-1,
jl]l'ertl, eililuid remaln', tie, proatarty of 'In pursuanco of tae latter agreement ter ilicense; atd as presidentoftbiecotm. tured tind sold, and paid royalty or pat-
uie'..pau , .: a f ;'. :; ;;.,.: Tatham & Bros. transferred the same pany he had no such authority. TTe' ent fees therefor di requlied by the sald,](ViewImageLocal?handle=hein.statereports/pittlegj0017&div=1&collection=&method=preview&ext=.png&size=3)