Account of Stevenson's Assignees
Supreme Court of Pennsylvania
APPEAL by the assignees from the decree of the court of common pleas of Jllleghany county confirming the report of auditors to whom was referred the account of William Bell, Jun., John Alexander and Thomas Stevenson, assignees of Samuel Stevenson.
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APPEAL by the assignees from the decree of the court of common pleas of Jllleghany county confirming the report of auditors to whom was referred the account of William Bell, Jun., John Alexander and Thomas Stevenson, assignees of Samuel Stevenson. The subject of dispute arose out of the decree of the court upon certain credits claimed by appellants for disbursements made under the fourth article of the deed of assignment of Samuel Stevenson to them in trust for the benefit of creditors. It is as follows : “4. To pay all the creditors of the said Samuel Stevenson to whom James Gray may have…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The assignment is the guide which the assignees are to follow in the fulfilment of their trust, and the directions of the *481instrument in this instance are sufficiently clear and explicit. They are “to pay all the creditors of the said Samuel Stevenson to whom James Gray may have become liable by acceptance, indorsement, assumption or otherwise,” viz. certain drafts specially designated, including the two in question. Were they justified in paying the amount of the two drafts without being produced, or any proof of their existence and loss,…