# Gramigna v. Board of Ministerial Pensions & Relief of United Presbyterian Church of North America

> Supreme Court of Pennsylvania · April 21, 1938 · 330 Pa. 335

URL: https://www.frixlaw.com/law-library/cases/3847615

## Case

- **Full name:** Gramigna Et Al., Appellants, v. Board of Ministerial Pensions and Relief of United Presbyterian Church of North America
- **Court:** Supreme Court of Pennsylvania
- **Decided:** April 21, 1938
- **Citations:** 330 Pa. 335; 199 A. 177; 1938 Pa. LEXIS 609
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Cueiam, Kephart, Schaefer, Maxey, Drew, Linn, Stern, Barnes
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3847615

## Opinion text

Pee Cueiam,
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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3847615. Public record. Not legal advice.