Fessler v. Hickernell & Bomberger
Supreme Court of Pennsylvania
Appeals from a decree of the Court of Common Pleas of Lebanon county: Of May Term 1876, Nos. 92 and 93. These were appeals from a decree subrogating Jacob Lauser, a mortgage creditor of Hickernell, as plaintiff in the case of Eessler v. Hickernell and Bomberger, upon the payment to Eessler of the amount of Ms judgment and costs in that-case.
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Appeals from a decree of the Court of Common Pleas of Lebanon county: Of May Term 1876, Nos. 92 and 93. These were appeals from a decree subrogating Jacob Lauser, a mortgage creditor of Hickernell, as plaintiff in the case of Eessler v. Hickernell and Bomberger, upon the payment to Eessler of the amount of Ms judgment and costs in that-case. The judgment in that case was entered by Eessler on December 21st 1874, upon a bond with warrant of attorney against Hickernell and Bomberger; in November 1875, execution was issued thereon and a levy was made upon certain real estate belonging to…
1Opinion of the CourtJustice Paxson
The radical error of the decree made by the court below consists in the fact that it attempts to work out the equities between Bomberger and his partner Hickernell in a summary manner. Where one partner has paid a partnership debt, he is not entitled to subrogation against his copartner until an account has been settled between them. In what other way can it be ascertained which is the creditor and which the debtor partner ? This difficulty confronts us instantly in any attempt to enforce the order made in this case. How can it be ascertained upon the execution how much of the debt Bomberger…
2Cited by4 opinions
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- Schwarz's EstateSupreme Court of Pennsylvania · 1927
- First National Bank of Windsor v. Foin, Pennsylvania Court of Common Pleas, York County1926
- Menich v. Bizic, Pennsylvania Court of Common Pleas, Beaver County1921